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(영문) 대법원 2016.12.15 2016도13252

청소년보호법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted and examined by the lower court and the first instance court on the Defendant’s grounds of appeal, the lower court’s determination that each of the facts charged in the instant case (excluding the portion not guilty) is guilty on the grounds indicated in its reasoning is justifiable.

There is no error exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. Examining the prosecutor’s grounds of appeal, it is justifiable to reverse the judgment of the court of first instance that found the Defendant guilty on the ground that there was no proof of crime regarding the violation of the Juvenile Protection Act due to sale of alcoholic beverages to N on December 25, 2014 among the facts charged in the instant case, and to find the Defendant not guilty.

In so doing, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “sale of alcoholic beverages” under

On the other hand, the prosecutor appealed the entire judgment of the court below, but the remaining guilty portion is not indicated in the petition of appeal or the appellate brief.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

참조조문