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(영문) 인천지방법원 2015.05.29 2015노584
청소년보호법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is deemed to have granted additional alcohol after the defendant was able to serve as a juvenile E and H together. Thus, the judgment of the court below which acquitted the defendant on the grounds that there is no evidence to prove the facts charged in this case, which affected the conclusion of the judgment by misunderstanding the

2. Determination

A. Although a person charged with the crime was not allowed to sell alcoholic beverages, which are drugs harmful to juveniles, to juveniles, the Defendant, at around 19:50 on May 10, 2014, sold to “D” located in Seo-gu Incheon, Seo-gu, Incheon at KRW 56,00 a week 3 beer, 2,000c beer, and juju to juveniles, without verifying their status.

B. According to the evidence duly adopted and examined by the court below, four persons, such as F, etc., enter D and orders 2,000 c, etc. of Soci week 2 and 2,000 c, one of them was called G, and it can be acknowledged that G, which was a juvenile E and H, was in combination with D. However, the evidence submitted by the prosecutor was insufficient to find that the defendant was in accord with the first time, or that the defendant was in accord with a juvenile, or that there was an additional offer while recognizing that the juvenile was in line with the first time. There is no other evidence to acknowledge this.

Therefore, the prosecutor's argument of mistake is without merit.

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

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