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(영문) 인천지방법원 2014.01.08 2013노3041
청소년보호법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal is that the judgment of the court below which found the defendant guilty of the facts charged without the intention to sell alcoholic beverages to juveniles by confirming the adult identification cards presented from the juveniles as stated in the judgment of the court below and selling alcoholic beverages, is erroneous, and the punishment (700,000 won of fine) is too unreasonable.

2. Determination

A. Of the juveniles in the judgment of the court below regarding the assertion of mistake of facts, the F, E, G, H, I, and J consistently stated in the investigation agency and the court of the court below that they provided F with the driver's license only at the same time and at the same time as the Defendant stated, and the contents of the statement are replaced by the Defendant’s speech that they seem to be seen from the Defendant in the course of providing alcoholic beverages.

Although the defendant asserts credibility on the grounds that the court below's statement on the issue of whether the defendant's identification card is requested to be presented or not, E does not directly listen to the issue of whether the defendant's identification card is open to the toilet, E makes a statement that he was unable to hear it at the last place, and I made a statement that he was unable to hear it at the last place, and J also made a statement that he was seated at the opposite end from F, and the contents of F's statement that the defendant presented the identification card to the defendant and that the defendant demanded the presentation of the identification card cannot be deemed to be contrary to G and H's statement.

Therefore, the court below's statement that all of the above juveniles did not verify identification cards is reliable, and considering that L, which reported the crime of this case, stated that the L, under the influence of alcohol at the time in the court of the court of the court below, does not clearly memory the reported matters, circumstances, and contents, it is difficult to reject the above juveniles' statements solely on the 112 declaration report.

Although the defendant complained for the suppression of the police who was reported at the time, he requested the search of the juvenile's identification card.

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