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(영문) 광주지방법원 2015.08.12 2014노2516
청소년보호법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal consistently states that E purchased alcohol and tobacco from the defendant, and the defendant did not submit a sales slip that can prove his innocence even after being investigated by the investigative agency on three occasions, the program of this case can delete some sales by accessing the sales slip if he knows the ID and password of the management program, and there is a possibility that store owners can enter the details of other goods and manipulate the contents of sales through the can input the sales slip, and there is a possibility that the defendant submitted the sales slip by changing the "sales slip". Thus, the court below acquitted the facts charged of this case, which affected the conclusion of the judgment, by misunderstanding the fact that the defendant was not guilty.

2. Determination

A. According to the evidence adopted by the court below, the court below stated that "E made a bar code cans for each product while selling leaf 2 disease, Kasker disease, 1 disease, and franchising tobacco." The "sales slips" submitted by the defendant does not contain sales records as to alcoholic beverages E purchased at the time and time stated in the facts charged of this case. ② The defendant submitted the "sales slips" at the request for formal trial against the summary order of this case, but there was no possibility that the defendant arbitrarily changed the contents of the above "sales slips" in light of the defendant's age, academic background, etc., but it seems that the defendant could not change the contents of the above "sales slips" at his discretion, and F, who is the system of installation and management of the defendant Mart, was stated as the owner of the above "sales slips" at the request of the defendant at the court of the court of the court below, and it is difficult to see that the contents of the above "sales slips" have changed. The evidence submitted by the prosecutor alone is insufficient.

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