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(영문) 수원지방법원 2015.08.21 2014노7034
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that, before the instant case, E had confirmed the identification card at the Defendant’s shop, including alcoholic beverages, etc., and at the time, E presented the identification card at the time, E had known that E had been an adult.

Therefore, at the time of the instant case, the Defendant did not have any awareness as to whether the Defendant was a juvenile, and thus, the Defendant did not have any intention to commit the crime of violating the Juvenile Protection Act.

2. In full view of the following circumstances revealed by the judgment of the court below and the evidence duly admitted and examined by the court below, the facts charged of this case are sufficiently recognized and the CCTV images submitted by the witness J and the defendant are insufficient to reverse the above recognition.

① From the investigative agency to the lower court and the trial court, E stated that the Defendant does not have any means to verify his/her identification card.

② At the time of preparing the first written statement, the Defendant merely stated that “a university student thought him/her to be fluent and earing, and sold beer and tobacco” at the time of the preparation of the head, and there is no content that the Defendant verified the identification card to E in the past even if he/she examined the suspect at the police station and prepared and submitted it by himself/herself.

③ In the lower judgment, the Defendant asserted that there was an identification card of E before the instant case and submitted “written petition” prepared by E as evidence corresponding thereto.

However, the content of the above written petition was presented as a witness of the trial, and “The defendant prepared the written petition as requested by the defendant, because he did not cause any damage to himself. Do himself was subject to punishment in this case, and he received a written statement from the defendant, and recorded the conversation with the defendant.”

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