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(영문) 수원지방법원 안산지원 2018.12.06 2018고정559
청소년보호법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is a person who has worked as an employee at a cafeteria with the trade name “C” located in B in Gwangjin-gu.

No one shall sell drugs harmful to juveniles, such as alcoholic beverages, to juveniles.

Nevertheless, on January 22, 2018, the Defendant sold five liquor liquors to three juveniles, such as D(17 tax) at the above restaurant on January 22, 2018.

2. The evidence that corresponds to the facts charged in the instant case is a statement at the police of D and E, a juvenile.

However, in light of the following facts and circumstances revealed by the evidence adopted and examined by this court, each statement at D and E police is deemed not reliable, and other evidence submitted by the prosecutor alone proves that the Defendant had had had the intent to sell liquor to juveniles as stated in the facts charged to the extent that there is no reasonable doubt that the Defendant had the intent to sell liquor to juveniles.

It is difficult to see it and there is no evidence to acknowledge it.

(1) At the time, D, E, and F, which is a juvenile, entered together in the restaurant indicated in the judgment, the defendant demanded F to present his identification card, and F presented the driver's license of G (198) obtained, not his identification card, to the defendant.

(2) The defendant did not request D and E to present an identification card.

In this regard, the defendant had previously visited the restaurant as stated in D and E several times, and the identification card was confirmed at that time, and it was confirmed as a student in 198, and D and E also presented to the defendant the identification card of another person who was born in 1998 before this Court.

The statements corresponding to them are made.

③ The Defendant reported to 112 that three male customers knew of the food value, and the police called up revealed that they were juveniles. If the Defendant had intention to sell alcoholic beverages to juveniles, it was difficult for them to make such a report.

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