청소년보호법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is that the Defendant did not sell tobacco to E and F, which is a juvenile, and in particular, E has stolen tobacco from the Defendant’s Mat on the day of the instant case, but the judgment of the court below convicting the Defendant of the instant facts charged, which affected the conclusion of the judgment.
2. The judgment on the grounds for appeal by the defendant ex officio prior to the judgment on the grounds for appeal by authority. Since the crime of this case sold tobacco, which is a drug harmful to juveniles, to E and F, the defendant's act constitutes several crimes by setting up a crime of violating the Juvenile Protection Act by selling act, and thus, the above act should be judged as concurrent crimes. However, the court below omitted the aggravation of concurrent crimes with excessive punishment, which affected the conclusion of the judgment of the court below.
I would like to say.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, which will be examined below despite the above reasons for ex officio reversal.
3. Judgment on the assertion of mistake of facts
A. The summary of the facts charged in the instant case was a person who operates the “Dart” in Socheon-gu, Seocheon-si C, and around October 17, 2012, around October 17, 2012, the Defendant sold tobacco 1 A, which is a drug harmful to juveniles, to juvenile E (the age of 17) at Mart, and (2) around October 17, 2012, sold tobacco 1 A, which is a drug harmful to juveniles, to juvenile F (the age of 17) at Mart.
나. 원심의 판단 원심은 E, F의 수사기관 및 법정에서의 “피고인으로부터 담배를 샀다”는 취지의 진술이 매우 구체적이고 일관되며 객관적 합리성을 결여하였다고 보이지 아니할 뿐 아니라, 원심 법정에서의 진술태도 등에 비추어 그 진술은 신빙성이 있다는 이유로 이 사건 공소사실을 유죄로 인정하였다.
C. There is only a witness of the first instance court in light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act.