Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding the facts) in relation to the violation of the Juvenile Protection Act by July 30, 2017, among the facts charged in the instant case, the Defendant sold 7 Byung who is a drug harmful to juveniles as stated in this part of the facts charged.
However, the court below rendered not guilty of this part of the facts charged, and the judgment of the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. Judgment on the grounds for appeal
A. The summary of this part of the facts charged is the person who operates the Smarket in the name of "D" in the Chungcheong-gun C.
No person shall sell, lend, distribute, or provide free of charge drugs, etc. harmful to juveniles to juveniles.
Nevertheless, around 00 00:00 on July 30, 2017, the Defendant sold to G (n, 17 years of age) who is a juvenile harmful drug to 13,000 won, without accurately verifying the age through identification cards, etc., and selling to G(n, 17 years of age) who is a juvenile harmful drug.
B. The lower court determined that the evidence submitted by the prosecutor alone, which stated in detail in Paragraph 2 of the part regarding “the judgment of innocence” of the lower judgment, sold to the Defendant 7 Byung who is a juvenile harmful drug, as shown in the facts charged in this part.
It is difficult to conclude it.
Based on the judgment of the court, the facts charged were acquitted.
(c)
In full view of all the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the evidence submitted by the prosecutor alone that the defendant sold 7 jum drugs harmful to juveniles as shown in this part of the facts charged.
It is difficult to conclude it.
As such, the decision of the court below that acquitted this part of the facts charged is just and acceptable, and there is an error of law by misunderstanding facts as pointed out by the prosecutor, which affected the conclusion of the judgment.
subsection (b) of this section.
Therefore, prosecutors.