Your #2 and #3 points seem to assume that if your profile name violates the policy, your Gmail access is suspended, but that's not true. If your profile is suspended for not having a real/common name, that only affects services that use your profile (Google+/Buzz/+1). It doesn't affect other services like Gmail, Blogger, Docs, or Calendar that don't use your profile. So you can continue to use Gmail even if you can't use Google+.
In the US, you basically can't provide online services like Gmail to anyone < 13 years old. When the kid created his Gmail account he must have lied about his birthday (or they wouldn't have let him signup). Then when he did his Google+ profile, he gave his real age. Google, now knowing his real age, didn't have much choice.
That said, the haziness around what will get your Google account banned is keeping me off Google+. Even if the terms are nuanced, I don't have any faith that my account would be restored if it were suspended in error.
When the kid created his Gmail account he must have lied about his birthday (or they wouldn't have let him signup).
No. When the kid was identified as being from the Netherlands, they didn't bother asking his age because he doesn't live in a country where it is a legal issue.
Then they asked him for Google+, and once they discovered his age they banned him due to the US law.
Your #2 and #3 points seem to assume that if your profile name violates the policy, your Gmail access is suspended, but that's not true. If your profile is suspended for not having a real/common name, that only affects services that use your profile (Google+/Buzz/+1). It doesn't affect other services like Gmail, Blogger, Docs, or Calendar that don't use your profile. So you can continue to use Gmail even if you can't use Google+.
Finally, even though Gmail will work even if you can't use Google+, there is recourse to appeal a name suspension. Here's the url to use for an appeal: http://www.google.com/support/profiles/bin/request.py?hl=en&...