청소년보호법위반
The prosecutor's appeal is dismissed.
1. The decision of the court below which acquitted the defendant on the ground of appeal is erroneous in the misunderstanding of facts and affecting the conclusion of the judgment, even though the defendant presented his identification card in 96 year of H's 96, was sufficiently reliable in each of the statements in I and H's investigative agencies or the court below's court.
2. Determination
A. While the summary of the facts charged is prohibited from selling, lending, or distributing alcoholic beverages, etc. harmful to juveniles to juveniles, the Defendant, at around 06:20 on October 11, 2014, confirmed the age of “G” in “G” located in the Nam-gu, Ulsan-gu, Ulsan-gu, about 06:20 on October 11, 201, he/she allowed the Defendant to enter and depart from the G’s resident registration certificate of H’s 96-year student registration certificate presented by H, even though his/her access to the certificate is not possible, and sold the small-scale harmful drugs to juveniles.
B. In light of the following circumstances acknowledged by various evidence adopted and investigated by the lower court, the lower court acquitted the Defendant on the grounds that each of the statements made by I and H investigation agencies or the court of the lower court as shown in the facts charged is difficult to believe and there is no other evidence supporting the facts charged.
1) The I did not verify the employee’s identification card on the written statement prepared on the day of the instant case.
record but thereafter, it was used from the police's statement by lending H's identification card.
The statements were reversed.
2) At the police station, I stated to the effect that the police station used a toilet for the purpose of avoiding identification card inspections, and that H had his/her own resident registration certificate with the toilet. However, in the court, I stated differently as to the reason why it was between the toilet and the toilet by avoiding the place of the identification card inspection.
3) The lower court’s CCTV recording CD.