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(영문) 의정부지방법원 2013.03.29 2012노2233
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not sell alcoholic beverages to E, F, and G, as shown in the facts charged, and that H and I did not have an identification card that was rapidly satisfed by the university, and sold alcoholic beverages. However, the lower court found the Defendant guilty of the facts charged in this case on the basis of non-reliabilityless evidence, such as a written statement at each investigation agency E, F, and G. Thus, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

2. Determination

A. The court below adopted the respective statements of E, F, and G as evidence of guilt in the violation of the Juvenile Protection Act due to the sale of alcoholic beverages to E, F, and G. However, the court below stated that E, F, and G consistently drinks alcohol in the “D” operated by the defendant by the investigation agency, but the court below testified that the above “D” did not drink, and therefore, the court below held that each statement in E, F, and G investigation agency is credibility.

The lower court, based on the evidence duly admitted and examined, stated the following circumstances, namely, ① E, F, and G, to the effect that they completed alcohol in “D” operated by the Defendant under investigation upon suspicion of special larceny; ② E, F, and G specifically stated the location, etc. of the aforementioned “D”; and “D” appears to have special characteristics of each other; ③ E, F, and G are unlikely to cause confusion with other main points due to their high signboards; ③ there is no special interest with the Defendant; and ③ E, F, and G are unlikely to make a false statement at an investigative agency; the statement at an investigative agency was made on January 6, 2010, which was not always past December 17, 2010, the time of the instant case; ④ With respect to the reasons stated at the investigative agency as above, E made a false statement as to the reasons that the Defendant did not sell alcohol to himself; and G was dying from 4 to dypher in a park, but it made a false statement.

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