청소년보호법위반
The defendant's appeal is dismissed.
Costs of trial in the trial shall be borne by the defendant.
Summary of Grounds for Appeal
A. Error of facts and misapprehension of legal principles did not confirm the age of juvenile D, but did not sell tobacco 4 A due to identification card, etc., the court below which found guilty of the facts charged of this case erred by misunderstanding of facts and misunderstanding of legal principles which affected the conclusion of the judgment.
B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court of the lower judgment, the lower court determined that the Defendant sold tobacco 4 A to D without confirming the age due to identification card, etc.
① After having received 112 reports to the effect that “A youth in a middle school uniform in an apartment complex gets out of the ground to get out of tobacco,” the police officer called to the site was found to have been engaged in the game at the relevant pcc., and the investigation was initiated while investigating the details of the purchase of tobacco.
② E and D are inter-school alumnis, from the investigative agency to the original trial court, D directly purchased and delivered tobacco with the body card in the name of the principal to E upon the request of E from the investigative agency to the court below, and the Defendant consistently stated that he was not able to verify his age through an identification card inspection, etc., and each of the statements at the investigative agency and the court of the original instance also conforms to D’s statements.
In addition, at the time when Schlage's 18,000 won was settled with D's check from D's name, the sales receipt of the above Schlage can also be confirmed that the tobacco No. 4 of "Paman Ebrid" was sold. The objective evidence also supports D's statement.
③ D은 최초 수사기관에서는 담배 1갑만 4,500원에 샀다고 진술하였으나, D이 구입한...