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(영문) 서울서부지방법원 2018.06.28 2018노86

청소년보호법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was set up at the main point operated by the Defendant (hereinafter “the main point of this case”).

Q has conducted an identification examination of E and F in the court of the court below, and it appears that Q had been appearance of majority.

In light of the fact that the statement of the court below by E, F, and G is inconsistent with the prosecutor’s inducement examination and it is not reliable, the court below found the Defendant guilty of the facts charged of this case.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, the following facts can be acknowledged.

1) The developments of the instant case are E, F, and G were minors, and around April 22, 2016, around 21:30, they received alcoholic beverages from the second floor table of the instant main office (Evidence Nos. 16, 17 pages). At the time E, F ordered a main office with the owner of the alcoholic beverages, and G lasted together.

The defendant did not request the E/F to verify whether he/she is an adult.

B) A police officer, upon the report of 112 by any of the 112 police officers, has prevented the main points of this case, and confirmed that E, F, and G, which appear to be a juvenile at the time, took place as a juvenile, followed all E, F, and G, and submitted a written statement from them.

The control police officer was voluntarily accompanied to the district above the Defendant India and received a written statement thereafter.

2) Witness G (a) of the witness G, E, and F’s testimony at the lower court’s court’s court court, did not inspect the resident registration certificate when entering the instant main points.

At the time, there was a seat in an open space which is not studio at that time.

There was no adult male during the low-class day.

In particular, a resident registration certificate inspection is unable to drink alcohol.

“The trial record (58-60 pages 58-60)” was stated.

B) The witness E, in the court of the court below, had a large amount of drinking at the main point of this case, in the court of the court below.

If a Gu is a child, it is a minor.

At the time, the author and the F are earlier than G.