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(영문) 서울서부지방법원 2020.09.07 2020노511
청소년보호법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the following facts: (a) at the time of regulating the gist of the grounds for appeal: (b) on-the-spot photographs on the tables; (c) a written statement that the Defendant d's d's d's n't confirm the identification card on D's n't confirm the Defendant's n't confirm the identification card on D's n't; and (d) the C's n't n't mainly sell the alcohol and the alcohol; and (e) the business form and structural D's n't seem to have known the Defendant's n't drink; and (b) the Defendant sold the alcohol to the juvenile.

Therefore, the judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts.

2. In full view of the circumstances stated in its reasoning, the lower court found the Defendant not guilty on the ground that the instant facts charged constitute a case in which there is no evidence to prove otherwise, on the following grounds: (a) the possibility that any group of persons engaged in DNA driving without the knowledge of the Defendant at the time of the instant case brought alcohol to the cooling house at will; (b) the evidence submitted by the prosecutor alone is insufficient to exclude such possibility; and (c) it is insufficient to readily conclude that the Defendant intentionally sold alcohol to D driving; and (d) there is no evidence to prove otherwise.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just and there is no error of law by mistake of facts alleged by the prosecutor.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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