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(영문) 서울북부지방법원 2014.07.15 2013고정2661
청소년보호법위반
Text

The defendant shall be innocent.

Reasons

1. On September 2, 2013, the Defendant: (a) around 12:00, at D located in Seoul Special Metropolitan City, Nowon-gu Seoul Special Metropolitan City Nowon-gu, provided harmful drugs to juveniles without verifying identification cards; (b) after receiving KRW 2,700 of the tobacco 1st, “Malu Ra” tobacco 2,700, which is a harmful drug.

2. However, the Defendant asserted that F, the husband of the Defendant, sold tobacco, and that there is no less sale of the Defendant. According to the E’s written statement (Investigation Record 9 pages), a person who sold tobacco was “ keyly high”, and even according to the control manual (Investigation Record 7 pages) of the control police officer G, the Defendant again stated that F, who was in the E, was a person who sold tobacco, was called “F,” and was called “a person who sold tobacco,” when the business was specified along with E even according to the control manual (Investigation Record 7 pages) of the control police officer G.

Although the Defendant led to the police to commit a crime, it is the same purport that he/she thought and stated that he/she would be the same as his/her husband because he/she operated his/her shop with her husband, and that tobacco does not conform to the testimony of mountain E, and there is no other supporting evidence, so the statement at the police is difficult

3. If so, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered under the latter part of Article 325 of the Criminal Procedure

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