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(영문) 서울남부지방법원 2012.09.10 2012고정428
청소년보호법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On July 11, 2011, the Defendant sold one cigarette to C (the age of 16) juveniles at the Yangcheon-gu Seoul store, Yangcheon-gu, Seoul.

2. The Defendant consistently asserts that since the investigative agency to this court, a person who purchased tobacco at the time cannot be readily concluded to be C, and that he/she must inspect his/her identification card to the customer who appears to be the same as the juvenile in his/her usual book, so if a juvenile who is 16 years old has left tobacco on the day of this case, he/she would have clearly inspected his/her identification card, and that he/she

According to each protocol of the police interrogation of the Defendant and C and each protocol of liquidity transaction, the Defendant worked at the above convenience store at the time of the instant case, and C may be recognized as having produced tobacco 1 cigarette at the above convenience store with the eck card of stolen-friendly DNA (living in 1992) from a nearby skin, but the above evidence alone is insufficient to recognize the fact that the Defendant had sold tobacco without an identification card while recognizing the fact that he was a juvenile at the time, and there is no other evidence to acknowledge it.

Therefore, since the above construction room falls under a case where there is no proof of crime, it is judged not guilty under the latter part of Article 325 of the Criminal Procedure Act, and the summary of this judgment is announced in accordance with Article 58(2)

It is so decided as per Disposition for the above reasons.

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