청소년보호법위반
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the grounds for appeal (misunderstanding of facts) revealed that the Defendant was not in the C cafeteria at the time of the control of the instant case, and that the Defendant was under control by the police from the Chinese wife F, and only made a statement to the police station instead of finding the Korean horse on behalf of the police station.
2. In full view of the following facts and circumstances acknowledged by the lower court and the evidence duly admitted and examined by the court below, the evidence submitted by the prosecutor alone is insufficient to acknowledge that the Defendant sold alcoholic beverages to the juveniles of this case, and there is no evidence to acknowledge otherwise.
Police E, who was called to the site at the time, was present as a witness at the trial of the party, and testified to the following purport on the premise that the time is old and memory is not clear.
(1) At the time of control, F and its employees were only at the scene of crime, and F did not talk with the Korean language, and the defendant was present at the police and the investigation was conducted.
② The reason why the Defendant was voluntarily accompanied is that the husband and wife of the Defendant may jointly operate the said restaurant, and the Defendant was determined to be able to punish by both punishment regulations.
F at the trial of a party, the above restaurant was invested and operated for a period of three years, and the Defendant was not in good body, and the Defendant was engaged in an activity to the extent that he gets out of the restaurant and shot shot shots or educate his employees.
was stated.
In fact, the registered name of the operator of the above restaurant is F, the defendant's wife from July 11, 2014.
F and G, as an employee of the above restaurant, made a statement to the effect that the Defendant was not in the restaurant at the time of crackdown at the trial, and F was confirmed in the process of the trial by the fact that the horses in Korea were very high.
In light of the relationship between the Defendant and F or the operational form of restaurant, the Defendant is subject to criminal punishment from the investigation stage to the first trial.