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무죄
red_flag_2(영문) 울산지방법원 2013.1.11.선고 2012고단2997 판결

청소년보호법위반

Cases

2012 Highest 2997 Violation of the Juvenile Protection Act

Defendant

A person shall be appointed.

Prosecutor

Kim U.S. (Lawsuits) and Kim Jong-Un (Trial)

Defense Counsel

Attorney Jeon Jae-won (National Assembly Line)

Imposition of Judgment

January 11, 2013

Text

The defendant is innocent.

The summary of this judgment shall be published.

Reasons

1. Summary of the facts charged

The defendant is a person who operates a general restaurant with the trade name of "B" located in Ulsan Nam-gu.

On March 16, 2012, at around 50: 50, the Defendant sold to C (the 17-year-old) a juvenile, a juvenile, the two major brewing poles 1,700cc. 2 and sold liquor to the juvenile.

2. The defendant's assertion and judgment

A. Summary of the argument

The defendant was unaware of the fact that C was a juvenile.

B. Determination

Comprehensively taking account of all the evidence submitted by the prosecutor, around March 16, 2012: around 50: Around 50, the defendant presented the defendant's name card of "B, E, C, F's relative name," which was operated by the defendant, to show the defendant's identification card to verify D's age; D's name card was changed from 94 to 91; F's name card was changed from 193; F's family name card was birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth, E's name and birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth birth, and the defendant presented the defendant's identification card as if he appeared to have presented the student identification card of the I University; D's personal identification and birth birth birth, but it was not recognized as the defendant's identification card of this case; D's identity and production of this case's text was not found to be non-existent.

According to the above facts, the Defendant recognized that it was not a juvenile of D and E, and recognized that it was not a juvenile of this case, and that C believed and believed that it was not a juvenile of this case. Therefore, it is difficult to recognize the facts charged of this case where C knew that it was a juvenile of this case, and there is no other evidence to acknowledge it.

3. Conclusion

Thus, the facts charged of this case constitute a case where there is no proof of crime, and thus, is pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act. It is decided as per Disposition by publicly announcing the summary of this judgment pursuant to Article 58(2) of the Criminal Act.

Judges

Judges Lee Sung-hoon