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(영문) 춘천지방법원 강릉지원 2016.10.27 2016노333
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (the factual error and inappropriate sentencing)

A. The Defendant, who is a customer, was aware of the fact that D, E, and F was a juvenile, and the fact that the juvenile was later and was found to have been driving away from the restaurant, is only discovered by the police outside the restaurant.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. In full view of all the circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant can recognize the fact that the Defendant sold alcoholic beverages to the juveniles without verifying the identity card of the juveniles who are customers, and it can be recognized that the Defendant had the intention to sell alcoholic beverages to the juveniles who are not the juveniles.

Therefore, the judgment of the court below convicting the facts charged of this case is just, and there is no error of law by misunderstanding facts and affecting the judgment.

The defendant's assertion of mistake is without merit.

B. In light of the legislative intent of the Juvenile Protection Act regarding the assertion on unfair sentencing, the Defendant’s liability for the crime of selling alcoholic beverages to juveniles is not somewhat weak, and the Defendant did not oppose his/her mistake by denying the crime by asserting that he/she was unaware of the fact that he/she was a juvenile in the trial, and the Defendant was under control in the same restaurant in 2014 and 2015. The Defendant committed the same offense in the same restaurant in 2014, and was punished by a fine (300,000 won) in 2015, the Defendant committed the same offense in the same restaurant, even though he/she was punished by a fine (30,000 won) in 2015, and tried to conceal his/her restaurant regularly at the time of the crackdown and present the juveniles in the back door, and other circumstances that form various conditions of sentencing as indicated in the instant case, such as the Defendant’s age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime.

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