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(영문) 서울동부지방법원 2019.11.22 2019노833
청소년보호법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below found the defendant not guilty despite the fact that the defendant had intentional intent to sell alcoholic beverages to juveniles as stated in the facts charged. The judgment of the court below erred by misapprehending the facts.

2. The lower court determined that the instant facts charged was not guilty on the ground that there was insufficient evidence to prove that the Defendant had intentional intent to sell alcoholic beverages to juveniles as stated in the facts charged, by comprehensively taking account of the circumstances acknowledged by the evidence duly admitted and examined.

Considering the evidence duly adopted and examined by the court below in light of the records, a thorough examination is conducted, and the court below's determination of not guilty of the facts charged in this case on the grounds as stated in its reasoning is just and acceptable, and there is no additional evidence submitted in the trial, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as pointed out by the prosecutor in the court below.

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.

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