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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. Despite the credibility of the statements made by F and G investigative agencies in accordance with the facts charged in the instant case, and the statements made by Defendant A during the fifth trial of the first instance court on the case violating the Juvenile Protection Act (hereinafter “the instant case”), the lower court acquitted the Defendant of the instant facts charged on the ground that the facts were misunderstood.
2. Determination
A. Defendant A, around 22:40 on July 6, 2012, sold the subject matter without verifying the identification card from the “E” book for the Defendant’s operation in Gangnam-gu Seoul Northern District Court, and from the “E” book for the Defendant’s operation, Defendant A sold the subject matter without verifying the identification card to Juvenile F (16 years of age) and G (17 years of age). Defendant A was indicted with summary charge of violating the Juvenile Protection Act to the Seoul Northern District Court on August 10, 2012.
Accordingly, in order to be acquitted of the above case, the defendant A and his male-child arrest defendant B prepared a false confirmation document stating that "F et al. presented another person's identification card to request the presentation of identification card" from the above F and G, and submitted it as evidence for the trial, and asked the witness to testify when present as a witness.
Defendant
A sent a text message to F using the mobile phone devices of the above B, “I am minors, and I am the first offender, and there is no problem even if I presented another person’s identification card, so I would have presented another person’s identification card.”
In addition, on September 4, 2012, Defendant B, at the “I” coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, presented in advance a confirmation document stating that “I demanded to present an identification card to the Republic of Korea on July 6, 2012, and verified that I was an adult,” and received the confirmation document of the above contents from F by requesting it to the F.
Then, on January 9, 2013, Defendant B was able to do so at the Sk’s house called “K in the J of Gangseo-gu Seoul, Gangnam-gu, Seoul.”