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(영문) 광주지방법원 2017.10.12 2017고정46
청소년보호법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. No person prosecuted shall sell, lend, distribute, or provide free of charge harmful drugs, etc. to juveniles;

On November 26, 2016, around 00:45, the Defendant sold 46,000 won, such as three juvenile harmful drugs, to four juvenile E and F, etc. in D general restaurants located in D general restaurants located in C, Nam, Nam, Nam, etc.

2. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient to have a judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.

The defendant asserts that the defendant does not sell alcoholic beverages to juveniles, since the juveniles, such as E, voluntarily brought the cafeteria in the restaurant cooling house, and brought about drinking to police officers.

According to the evidence submitted by the prosecutor, in light of the structure and size of the D restaurant, the size of customers at the time, the control time, and the changes in the contents of the defendant's body, etc., even though the defendant did not bring directly to E, etc., the defendant was suspected of not having been aware that E, etc. was drinking, but the defendant ordered E, E, and G first entered the D restaurant operated by the defendant, and F, H entered the D restaurant after diving, and E, etc. stated that E, etc. was drinking by drinking in the f, not by the defendant directly taking the place, but by drinking in the f, the f, and H, the f, etc. was stated that E was drinking by drinking in the friter in the friter in the cafeteria; 2) before the friter in this E, the defendant led the defendant to drinking.

“......”

However, the defendant was aware of this.

There is no evidence to see, E.

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