청소년보호법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) the Defendant sold tobacco to the juvenile, at the time and place specified in the facts charged in the instant case, and (b) there is sufficient evidence to support the sales; (c) the lower court acquitted the Defendant on the ground that there is no evidence to support the sales; and (d) the lower court erred
2. Determination
A. The summary of the facts charged is that the Defendant is operating retail business with the trade name called the Seojin-gu Seoul Metropolitan Government Cscki, and even if no one sells drugs harmful to juveniles, etc. to juveniles, the Defendant received 3 locks of tobacco, which is harmful to juveniles, from the above Scki on April 11, 2012, around 22:00, and sold them to D (195 students) with 8,100 won.
B. The court below ruled that D's statement in the investigation agency and the court of original instance consistent with the facts charged of this case is hard to believe for its reasons as stated in its reasoning, the remaining evidence submitted by the prosecutor alone is insufficient to recognize it, and there is no other evidence to recognize it. In light of the records and comparison with the reasons for innocence of the court below, the court below's decision is just and acceptable, and there is no error of mistake of facts as pointed out by the prosecutor.
Therefore, the prosecutor's argument of mistake is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.