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(영문) 서울동부지방법원 2019.05.28 2018고정1321
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 operates a general restaurant with the trade name of “C” on the first floor of Songpa-gu Seoul Metropolitan Government and the first floor above.

No one shall sell, lend, distribute, or provide free of charge juveniles drugs harmful to juveniles, etc.

Nevertheless, at around 22:00 on September 22, 2018, the Defendant sold to juveniles D (n, 18 years of age), E (Nam, and 16 years of age) under the age of 19 in the above restaurant, one disease per week as first 5,50 won, as 50C 1 residues and first as drugs harmful to juveniles.

2. In light of the following circumstances revealed by the evidence adopted by this court and examined by this court, i.e., juvenile D and E enter the restaurant as indicated in the judgment at the time, and the Defendant demanded D to present his identification card, and D presented his identification card to the Defendant, not his identification card, but the other person (the 1997 student) who acquired the above identification card, and the Defendant asked E to ask E for his identification card in 197 without requesting E, and confirmed that E was fit, and it seems difficult for the Defendant to easily understand that E was a juvenile since E had a strong body, and the Defendant could have easily known that he was a juvenile, as stated in the facts charged, the evidence submitted by the prosecutor alone cannot be deemed as having proved that there was no reasonable doubt that there was an intentional intent to sell alcoholic beverages to a juvenile as stated in the facts charged, and there is no other evidence to acknowledge this.

3. In conclusion, since the facts charged in this case constitutes a case where there is no proof of crime, it is decided not guilty under the latter part of Article 325 of the Criminal Procedure Act, and it is decided not to disclose the summary of this decision in accordance with Article 58(2) of the Criminal Act

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