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(영문) 대전지방법원 2018.04.04 2017노1888
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 had no intention to violate the Juvenile Protection Act, since he sold alcoholic beverages without recognizing that he was a minor.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. Although the lower court also asserted the same purport, the lower court found the Defendant guilty of the instant charges by integrating the evidence duly adopted and investigated. On the other hand, as to the Defendant’s assertion, the lower court did not recognize the Defendant’s aforementioned assertion that ① the appearance of E at the time of the appearance of E and the date of entry of the criminal facts in the original court, ② E was 15 years at the time of the date of entry of the criminal facts, ② E was 15 years at the time of the date of entry of the criminal facts, ② adult age was 3 years and 4 months at the time of the entry of the criminal facts, ③ the E was also a similar fact that is similar to the E and the E was a juvenile at the time of entry of the criminal facts.

The decision was determined.

The following circumstances cited by the court below are acknowledged by the evidence duly adopted and examined by the court below and the court below, namely, ① the defendant did not take necessary measures to verify the age at the time of selling alcoholic beverages to E, such as identification cards, and ② E appeared as a witness in the court of the court of the court below and there was no person who shows his age or know at the time of driving.

In full view of the facts stated in the judgment below, the above determination by the court below is just and acceptable, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

subsection (b) of this section.

B. The purpose of this study is to enable juveniles to grow into sound character by protecting juveniles from a harmful environment with respect to the determination of unfair sentencing.

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