beta
(영문) 창원지방법원 2020.06.12 2019노2598

청소년보호법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, it is reasonable to view that the defendant recognized the entry of F (the age of 14) into the telecom. Thus, the court below acquitted the defendant of the facts charged of this case that the defendant had sexual intercourse with the customer E (the age of 17) and F without verifying his identification card, and found him not guilty of the facts charged of this case.

2. The lower court, on the grounds indicated in its reasoning, acquitted the Defendant of the instant facts charged on the grounds that: (a) the respective statements made by F, E, and G are inconsistent with each other, or do not conform with objective circumstances, or lack consistency; (b) while the Defendant’s change in the indictment is not likely to be true because the purport of the respective statements made by F, and G is consistent with consistent and objective circumstances.

In light of the evidence duly admitted and investigated by the court below, the court below's determination of not guilty of the facts charged in this case is just and acceptable, and it cannot be deemed that there was an error affecting the conclusion of the judgment by misunderstanding the facts as alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.