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(영문) 전주지방법원 2019.09.25 2019노719
청소년보호법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is consistent from the investigative agency to the court of the court below that D visited the defendant's drinking house operated by the defendant at the time of the instant case, and consistently states that he did not examine his identification card despite the defendant's appearance at the time of the Defendant's visit to the bar of the court of the court below, and thus, the facts charged in the instant case that the defendant sold harmful drugs, etc. to juveniles are sufficiently recognized, and there is an error of law

2. The lower court found the Defendant not guilty on the grounds that: (a) around 00:00 on May 6, 2018, the Defendant confirmed the remaining three identification cards other than F when four daily activities, including F and E, were entered in the alcohol house operated by the Defendant; (b) D met with F after entering the alcohol house; (c) the Defendant did not appear to have been aware of the fact that D was a “new” in the circumstances where D was in which D was continued to do so; and (d) the remainder of the evidence submitted by the prosecutor alone is insufficient to recognize the fact that the Defendant did not properly confirm the age and sold harmful drugs, etc. to juveniles; and (b) there is no other evidence to acknowledge this, the lower court’s judgment is just and acceptable, and there is no error in the misapprehension of the facts alleged by the prosecutor, and the prosecutor’s assertion is without merit.

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

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