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(영문) 춘천지방법원 2013.06.19 2011노875
청소년보호법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal (fact-finding) was examined by the Defendant against those who enter the main points of the instant case, and the Defendant, the juvenile of the instant case, E, F, and G, were in contact with others due to bad conditions between the Defendant, and they did not sell them as stated in the facts charged of the instant case.

2. Determination on the grounds for appeal

A. On January 26, 2011, at around 03:00, the Defendant sold to E (17 years of age), F (17 years of age), and G (17 years of age), a juvenile harmful product, two liquors, which are juvenile harmful substances, at the main points of “D” located in Chuncheon-si C.

B. The lower court found the Defendant guilty of the instant facts charged based on the duly adopted evidence.

C. 1) The prosecutor bears the burden of proving the facts charged in a criminal trial, and the finding of guilt must be based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine it as the defendant's interest (see Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2010Do9633, Nov. 11, 2010). The defendant denies the crime that there is no doubt as to the defendant's guilt from the investigative agency to the court. The defendant denies the crime that there is no consistent crime of this case since it had been committed, and the court below admitted as evidence of guilt as to the facts charged in this case, there is ① witness E, H and K (former name F; hereinafter referred to as "F"), and on-site photographs.

3) The witness F’s witness F’s statement in the lower court, the F’s statement in the Prosecutor’s interrogation protocol (two times in the interrogation protocol, the Prosecutor’s statement in the Prosecutor’s Office, the police statement in F with respect to L, M, etc., and the juvenile F, without all mentioning L, M, etc., the juvenile, at around 03:00 on January 26, 201, and “D” in G and Chuncheon City (hereinafter “instant main point”).

2.3.2

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