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(영문) 수원지방법원 2015.11.13 2015노3602
청소년보호법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence presented by the prosecutor in the grounds of appeal, since the defendant can sufficiently recognize the fact that he sold alcoholic beverages without confirming identification cards to the juvenile E and F, the judgment below which acquitted the defendant of the violation of the Juvenile Protection Act is erroneous in the misapprehension of facts.

2. The summary of the facts charged in the instant case is that “the Defendant is an employee from “C” collection (hereinafter “the instant alcoholic beverage collection”), and even if no one sells alcoholic beverages to juveniles, he/she sold a total of KRW 27,00,00 for juveniles E (the age of 18, South) and one other within the instant alcoholic beverage collection located on the second floor of the DD building in Siung-si, Siung-si around January 24, 2014, even if he/she did not sell alcoholic beverages to juveniles.”

The court below found the defendant not guilty on the grounds that there are lack credibility in the statements of E/F in each investigation agency and court of original instance, the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged, and there is no other evidence to acknowledge it.

Comprehensively taking account of the evidence duly admitted and examined by the court below, the statements at E/F investigative agencies and the court of the original instance appear to lack credibility, and there is no other evidence to prove guilty of the facts charged.

In addition, the prosecutor asserts that “the defendant did not confirm the identification card of E and F” in the grounds of appeal, but as long as it is difficult to believe the statement of E and F as it is, there is no evidence to acknowledge it, and the prosecutor’s above assertion is without merit.

Therefore, the above judgment of the court below is just, and there is no error of law in misunderstanding of facts, and thus the prosecutor's argument is not accepted.

3. If so, the prosecutor's appeal 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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