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(영문) 수원지방법원 2016.06.02 2015노6904
청소년보호법위반
Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. 1) The Defendant, 2015, 1426, 2015, 1426, at the time of the instant case, demanded the E, F, G, and H to present an identification card, and verified the identification card. Since all the instant juveniles were written as a birth in 1996, the Defendant sold alcoholic beverages believed to have been sold, the Defendant had no intention to sell alcoholic beverages to juveniles.

Therefore, the judgment of the court below convicting this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2) At the time of the instant case, the Defendant, 2015, 2015, 1728, demanded the I, J, and his/her first executive to present an identification card, and the I and J did not possess an identification card.

In other words, only food, except alcoholic beverages, was sold, but the above daily drinking brought alcoholic beverages to the cooling house at will and drinking, and the defendant did not sell alcoholic beverages to I and J who are juveniles.

Therefore, the judgment of the court below convicting this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (the penalty amount of KRW 700,000) is too unreasonable.

2. Determination

A. In light of the purport, contents, etc. of the Juvenile Protection Act regarding the assertion of mistake of facts, the case where juveniles purchase alcoholic beverages using another person’s resident registration certificate to conceal their status and age, in light of the fact that, as seen in the instant case, a business owner, such as the main shop, who sells alcoholic beverages harmful to juveniles, is responsible for not selling alcoholic beverages to juveniles for the protection of juveniles. Thus, if alcoholic beverages are sold at the main shop, etc., the relevant age should be verified based on the resident registration certificate or evidence with public probative value of age to the extent similar to that of the resident registration certificate, and if there are doubts such as the difference between the photograph and the actual substance on the resident registration certificate presented by the relevant person

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