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(영문) 부산지방법원 2016.08.19 2016노1513
청소년보호법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of misunderstanding the facts, is the facts charged of this case and the judgment of the court below as “D,” but it is evident that the record is “I”’s clerical error.

Since they did not know the fact that they were juveniles, the lower court found the Defendant guilty of the instant facts charged.

B. The reasoning of the appeal states only the “misunderstanding of the legal principles” on the grounds of appeal, but the content of the appeal can be deemed as detrimental to the two purports that “a person denies the intention of selling alcoholic beverages with the knowledge of being a juvenile,” and that “a person who would cause harm to the suspended sentence due to the fact that the lower court’s punishment is too unreasonable.” The Defendant asserted the grounds of appeal on the grounds of “misunderstanding of facts” and “unfair sentencing” at the first trial date, and thus, the reasons for appeal should be summarized as above.

The punishment of the court below against the defendant (the amount of 300,000 won) is too unreasonable.

2. The lower court, based on the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, recognized the Defendant as a juvenile with dolusium I, etc.

It is reasonable to view this part of the judgment of the court below as justifiable and acceptable.

Therefore, the defendant's assertion of facts is without merit.

In light of the legislative purpose of the Juvenile Protection Act and the purport of prohibiting a person from selling alcoholic beverages to juveniles, when there are circumstances suspected of being a juvenile by appearance or screen of a person who intends to purchase alcoholic beverages, the person shall confirm whether the person is a juvenile by identification card or other reliable methods and sell alcoholic beverages only when it is confirmed that the person is not a juvenile. Thus, if the person sells alcoholic beverages without following the verification procedure, the person had a stimulent intention at least to sell alcoholic beverages

must be viewed.

In this case.

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