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(영문) 대구지방법원 2017.07.06 2016노4951
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal confirmed identification card against E, and the rest of the appeal did not have awareness of the fact that the defendant was a minor who was a minor because he had access to E.

2. The lower court determined that: (a) at the time of the instant case, the E, G, and F was a juvenile of the 1998 student; (b) the Defendant confirmed his/her identification card against E, but only confirmed his/her 1998 driver’s license; (c) the Defendant did not properly perform his/her duty to verify the age based on resident registration certificates or other evidence of similar public probative value with respect to the rest G and F; and (d) the Defendant was intentional in violation of the Juvenile Protection Act.

Even if the defendant's assertion, E presented identification card in 1995 to the defendant or H.

Even if there are doubtful circumstances, such as not possessing the identification card, the defendant is not deemed to have taken such measures against E, even though he/she should closely compare the identification card, face of E with the identification card presented by E, or allow E to open his/her resident registration number, and thus, he/she has to confirm whether he/she is a juvenile. In addition, it is deemed that he/she has fulfilled his/her duty to verify the age as the owner of a business establishment prohibited from access by juveniles, or there was no intention in violation of the Juvenile Protection Act.

For the reason that it cannot be said that the defendant was convicted.

A thorough examination of records by comparison with the evidence duly examined and adopted by the court below is justified. Contrary to the defendant's assertion, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and the Criminal Procedure Act is applicable.

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