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(영문) 청주지방법원 2018.01.11 2017노1058
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) at the time of the instant case, the juvenile E arbitrarily taken alcohol in the cooling house; (b) the Defendant did not sell alcohol to E, etc.; and (c) did not have any intention to sell alcohol to E, etc.

2. Determination

A. Unless there are exceptional cases where maintaining the first deliberation judgment on the credibility of the statement made by the witness of the first instance trial is deemed to be remarkably unfair, the appellate court shall not arbitrarily reverse the first deliberation judgment on the ground that the first deliberation judgment on the credibility of the statement made by the witness of the first instance trial is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). (b) The lower court found the Defendant guilty of the instant facts charged by taking account of the evidence in its holding.

In light of the above legal principles, the following circumstances revealed by the evidence duly adopted and examined by the court below: ① E was aware of the face of E by using the main points of the instant drinking house prior to the instant case; ② Prior to the instant drinking point, customers appear to have been operated by the method of making a last calculation after drinking alcohol in the cooling house, and this seems to have caused the instant main points to have not been employed by the Defendant, and even after attaching a notice to the effect that the Defendant would not arbitrarily bring alcohol to the cooling house, the above operational method would have been maintained to some extent according to the aforementioned human resources circumstances, and ③ the Defendant would not drink only to G when entering the main points of this case at the time of the instant case.

In full view of the fact that E and F did not give such attention, it can be recognized that the Defendant sold alcohol to juvenile E, such as the instant facts charged.

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