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(영문) 수원지방법원 2016.11.11 2016노5013

청소년보호법위반

Text

The defendant and prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. On April 23, 2015, there was no fact that the Defendant (the fact-finding person) sold tobacco to juvenile E.

B. Comprehensively taking account of the evidence submitted by the prosecutor (in fact-finding), the Defendant was against April 17, 2015.

4.20. Recognizing the fact of selling tobacco to juvenile E.

2. Determination

A. The Defendant alleged that the Defendant’s assertion of mistake of facts was identical to that of the grounds for appeal.

The court below rejected the defendant's assertion on the grounds of detailed reasons in the part of "the judgment on the defendant and defense counsel".

Examining the judgment of the court below closely in light of the evidence, the judgment of the court below is just and there is no error of law by mistake of facts alleged by the defendant

B. The lower court rendered a judgment on the prosecutor’s assertion of mistake of facts on the grounds that there is no evidence to acknowledge this part of the facts charged for the following reasons:

A thorough examination of the judgment of the court below in light of the evidence, the judgment of the court below is just and there is no error of law as alleged by the prosecutor.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.