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(영문) 인천지방법원 2014.08.28 2014노1117
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Although the summary of the grounds for appeal did not have sold tobacco to juvenile E, the court below found the defendant guilty of the facts charged in the instant case to have affected the judgment by misunderstanding the facts.

2. In full view of the evidence duly adopted and examined by the court below, the following facts revealed by the court below, namely, ① Party E has consistently purchased tobacco from the investigative agency to the court of the court below (the defendant asserts that Party E’s statement is not trustable because the time, place, kind of tobacco, etc. for which tobacco was delivered are continuously changed, but since Party E has consistently made a statement on the essential part of the facts charged and thus it cannot be deemed that the statement has been reversed, the defendant’s assertion is not accepted), ② Party G, and F has made a statement to the same effect as Party E, ③ the result of inquiry into the telephone contents between Party E and Defendant corresponds to Party E, ④ The defendant also stated to the purport that “A has received tobacco from a female student” at the investigative agency. In light of the above, the facts charged in this case can be fully recognized.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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