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(영문) 수원지방법원 안산지원 2015.07.14 2015고정451
청소년보호법위반
Text

The defendant shall be innocent.

Reasons

1. Around December 14, 2014, around 00:28, the Defendant: (a) provided juveniles E (in female, 18 years of age) and one person engaged in the same day with alcoholic beverages and food equivalent to KRW 48,00,00, which are drugs harmful to juveniles; and (b) sold drugs harmful to juveniles to juveniles by providing them with alcoholic beverages and food equivalent to KRW 48,00,00, which are drugs harmful to juveniles.

2. The Defendant asserts that the E and F were not aware of the youth at the time of the instant case.

The following circumstances acknowledged by the evidence duly adopted and examined by the court: (i) at the time of the instant case, E presented the identification card of G, a woman living in 192, and sent it to G’s resident registration number; (ii) around July 2014, F presented another person’s identification card, which is an adult, and had a drinking at the instant main point; (iii) at the time of the instant case, E, along with E, presented an adult identification card, was aware of the fact that the Defendant had drinking alcohol on July 2014, and did not present the identification card; (iv) at the time of the instant case, it appears difficult to distinguish G from the same person only with G’s identification card; and (iv) at the time of the instant case, it was difficult to prove that there was no reasonable evidence to acknowledge that the Defendant had been drinking alcohol at the time of the instant case, based on the fact that E, and E’s external appearance.

Thus, the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and thus, the defendant is acquitted pursuant to the latter part of Article 325

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