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(영문) 서울북부지방법원 2014.01.10 2013노1262
공중위생관리법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is aware of juvenile and allowed F and G to enter the instant public bath.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (700,000 won of fine) is too unreasonable.

2. Determination

A. (1) We examine the allegation of mistake of facts in light of the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below, i.e., "F" requesting the defendant to present identification card to "child" at the time of the instant case, 1987, and stated that the defendant did not require him/her to present his/her identification card. However, the defendant did not know exactly about the name and other identity of "child", and if the defendant inspected his/her identification card, it is reasonable in light of the empirical rule to examine the F's identification card at the time of the instant case's appearance, and it seems that he/she did not present his/her identification card to the defendant at the time of the lower court's final appearance in light of the following circumstances: (i) F's demand to present his/her identification card to "child" with him/her; and (ii) it appears that he/she did not present his/her identification card to the defendant at the time of the instant case's oral appearance; and (iii) it appears that he/she did not present his/her identification card to the defendant's final appearance of 198 years.

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