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The defendant shall be innocent.
Reasons
1. The Defendant is a person who sells a cigarette or leaf leaves in the name of Seongbuk-gu Seoul Metropolitan Government building B and the column of “C” under subparagraph 2 of the first floor.
A person who intends to operate a tobacco manufacturing business shall obtain permission from the Minister of Finance and Economy.
Nevertheless, the Defendant: (a) provided with tobacco manufacturing equipment necessary for tobacco manufacturing, such as consular leaves and ice ice ices, to the above “C” stores; and (b) sold tobacco produced without permission at the above date, time, place, and place, without being designated as a retailer by selling to the customers without permission, a tobacco manufacturing business using ice ices, etc. installed in a shop after receiving KRW 25,000 from the non-patients who visited the Defendant’s shop on May 31, 2017; and (c) sold tobacco manufactured without permission to the consumers without being designated as a retailer.
2. According to the evidence of this case, the Defendant was found to have manufactured tobacco on May 31, 2017, despite the fact that: (a) the receipt was submitted by the Defendant for purchasing the goods equivalent to 25,000 won of tobacco leaves, which correspond to the value of the tobacco leaves at the Defendant’s shop on May 31, 2017; (b) the paper of tobacco for which the Defendant had manufactured tobacco products at the Defendant’s shop; and (c) the Defendant was equipped with a cigarette strawing machine, etc.; and (d) the Defendant was deemed to have notified the customers of the method of using tobacco
Recognizing the meaning of the express penal law that "It is deemed that the direct act of the defendant in the manufacture of tobacco is necessary to the extent reasonable," is excessively conclusive and interpreted to the extent unfavorable to the defendant, and is in violation of the principle of statutoryism in the crime.
No Permission is granted
In addition, there is no evidence to acknowledge that the defendant has produced tobacco using the tubes, etc.
3. According to the conclusion, the facts charged in this case are without proof of crime.