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(영문) 인천지방법원 2015.03.13 2014노3785
청소년보호법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal stated that F was a juvenile at the time of the instant case, one of the two male behaviors and two of the above male behaviors and the defendant sold alcoholic beverages to himself/herself and E. The court below rejected the F's statement and found the defendant not guilty on the ground that there is no evidence to acknowledge the facts charged. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. Although the summary of the facts charged was prohibited from selling alcoholic beverages, which are drugs harmful to juveniles, to juveniles, the Defendant sold to four persons, including E, F, and male and female players, at the DM clubs located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul around September 15, 2013, at KRW 72,00,00 in total without identification of identity.

B. First of all, one male person was 22 as evidence that seems to correspond to the facts charged in this part, and the other male person was only a statement in the investigation agency and court of the court below that he was 195, and the above two male persons' names and addresses were not specified at all. In light of the above two male persons' names and the F, the above two male persons' statements as "E and Dong A" are difficult to believe, and there is no other evidence to acknowledge them.

Next, the following circumstances acknowledged by the evidence duly adopted at the lower court regarding E/F, namely, ① the Defendant’s two male accompanying persons from the investigative agency to the court did not consistently appear as a juvenile and did not verify his/her identification card, and the Defendant confirmed his/her identification card against E/her female youth and F.

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