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(영문) 울산지방법원 2016.05.12 2015고정748

청소년보호법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is a person who operates “C convenience store”.

No person shall sell, lend, distribute, or provide to juveniles with, drugs, etc. harmful to juveniles without compensation, and a person who intends to sell, lend, or distribute drugs, etc. harmful to juveniles shall verify the age of the other party.

Nevertheless, on October 26, 2014, the Defendant, within the “C convenience store” located in Ulsan-gu, Ulsan-gu, U.S., U.S., 03:00, without verifying the age of the juvenile E (17 years old) and sold one disease by having 3 beer and beer.

2. In light of the whole of the statements of E and F in this court and investigative agency as evidence to prove that the defendant directly purchased alcoholic beverages to E at the above time and place of the charge of this case, or appeared on the spot as evidence to prove that the defendant sold the above alcoholic beverages to E at the above time and place of the charge of this case, the above evidence alone is insufficient to acknowledge the fact of sale, and there is no other evidence to prove it otherwise.

(1) Each statement of E and F is not only a big difference between the buyers, the purchasing items, and the quantity, but also a statement of objection as well as a statement of objection made to the court and the investigative agency. It is doubtful of the credibility of the statement.

B. E, in particular, stated in this court that he is well memorying of the name of the beer due to the time of the beer's Macl, and F was “Kas”. However, the convenience store operated by the Defendant did not sell the beer's Macl on the above day.

In addition, there is a big difference between the actual sales details and the E and F's statements even in the kind and quantity of one-way.

Article 28(1)(2)(3)(3)(5)(3)(3)(3)(1)(2)(2)(2)(3)(3)(3)(2)(