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(영문) 수원지방법원 2016.08.19 2015노4482
청소년보호법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence presented in the gist of the grounds of appeal, even though the court below found the defendant guilty of the charge of this case, since the court below found the defendant not guilty of the charge of this case, the court below erred by misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion of the judgment.

2. Determination

A. On December 14, 2014, the Defendant: (a) provided that the Defendant provided alcohol and food equivalent to KRW 48,000,00, which is a juvenile harmful drug, to the juvenile E (n, 18 years of age) and one person engaged in his/her work within the D week located in Sinsi-si, Sinsi-si; and (b) sold the juvenile harmful drugs to the juvenile.

B. The lower court determined that: (a) the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court were met; (b) at the time of the instant case, (c) the Defendant presented the identification card of G, a woman of 192, to the Defendant, and notified the Defendant of G’s resident registration number; (b) the F presented another person’s identification card, an adult, around July 2014, and was drinking at the instant main point; (c) at the time of the instant case, the Defendant did not present the identification card, and was aware of the fact that he was drinking around July 2014, and did not present the identification card to the Defendant; (d) when considering the lighting condition and the appearance of E, etc., which had been difficult at the time of the instant case, it appears difficult to distinguish the Defendant from G from the same person; and (d) at the time, there was no reasonable evidence to acknowledge that the Defendant was not guilty on the ground that he did not have any other evidence to prove that he was not guilty.

(c)

The judgment of the court on this case.

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