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(영문) 서울중앙지방법원 2014.12.11 2014노3281

청소년보호법위반

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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. Of the facts charged in the instant case, the part of the facts charged, “assumptive drugs, etc., equivalent to KRW 192,500,” does not distinguish between the phrase “small-and-medium drugs, etc.,” which are drugs harmful to juveniles, from the drugs harmful to juveniles, is calculating the sales amount en bloc, and there is a problem as to the specification of the facts charged.

B. In the main point of the case of mistake of facts, after confirming all the ages of the instant juveniles, they sold alcoholic beverages with the knowledge that they are adults.

However, all of the instant juveniles presented a statement to the effect that they did not inspect the identification card at the main point of the instant case operated by the Defendant to the investigation agency, and were present at the court of original instance to the same effect as a witness.

However, since the juveniles of this case had been aware of the crime of uttering of forged official document and the punishment for them when they had been engaged in drinking several times using a forged identification card, it is clear that they had been fluored in advance. In addition, there is a part that the statements of this case did not conflict with each other or any other depending on the flow of time, and it is difficult to say that only one person among the juveniles who had been a large number of people did not conduct an identification card inspection, and it is difficult for them to gain a formal understanding, and that the testimony of this case was 25 years of age, and that they did not conduct an identification card inspection, even in light of the testimony of mobile phone theft victim'sO, it is hard to say that there was no credibility of the statements of this case that the juveniles of this case did not conduct an identification card inspection.

Nevertheless, this case is without credibility.