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(영문) 광주지방법원 목포지원 2018.06.22 2018고정37
청소년보호법위반
Text

The defendant shall be innocent.

Reasons

1. Around December 23, 2017, the summary of the facts charged: (a) around 21:30 on December 23, 2017, at the D main restaurant operated by the Defendant, the Defendant sold to the Juvenile E (n, 17 years of age), and F (n, 17 years of age) the juvenile harmful drugs at KRW 12,00.

2. The judgment is based on the following circumstances: (a) whether the Defendant knew that he/she was a juvenile; (b) the evidence submitted by the Prosecutor and the CCTV images; (c) the E/F entered and ordered a restaurant operated by the Defendant with seven adults; (d) the time he/she was the end of the year; (e) the Defendant and the employees were very bad; (b) the CCTV images showed the Defendant’s employees’ identity cards against the Defendant’s nine daily activities, including E/F; (d) the employees showed another person’s identity cards stored in the cell phone; (e) the employees were unable to see the E/F face at the time of verifying the identification cards; or (e) the employees were unable to see the time when he/she acted as if he/she tried to do so; and (e) the evidence presented by the prosecutor that he/she was unable to ascertain the employees’ personal identification cards on the day of the instant case; and (e) the evidence presented by the prosecutor is insufficient to recognize that the employees were not aware.

3. According to the conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting a crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act

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