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(영문) 서울북부지방법원 2018.01.12 2017노1270
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a case where a customer enters a normal place, the Defendant is immediately provided a mer New Market and a basic security, and even according to a site photograph at the time, it is difficult to clearly distinguish the remaining satis, and there is no basic satis on the table.

Therefore, it is difficult to believe the statement of the witness F of the original judgment that 2 C among 3 Cs in the small group on the table table at the time of crackdown was in a multi-fresh condition and the remaining 1/3 of Cs in a very poor condition.

In addition, the witness G, H, E, and I of the court below, one juvenile, seems to have made a false statement in fear that if the defendant is not punished, he may be punished for larceny.

Examining the evidence as a whole, the juveniles were drinking out the Defendant’s future drinking.

It is reasonable to see that the Defendant did not sell alcoholic beverages to juveniles, but the lower court erred by misapprehending the facts charged and thereby convicted the Defendant.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. The F, who was present and testified in the court of the court below as a control police officer on the assertion of mistake of facts, was on the table table at the time of enforcement from the investigation stage.

B. At the time of the enforcement of the control, the police officer in charge of the control appears to have no reason to make a false statement on this case, and the statement is supported by on-site photographs, even if the police officer in charge of the control appears to have no reason to make a false statement on this case.

Although the witness G, H, E, and I of the lower court, which is a juvenile, is unable to accurately memory detailed matters, such as whether he/she first served alcohol, and whether he/she was aware of it, but at the time, he/she provided three disease levels and drinking water at the time, the fact that E's female-friendly Gu lasts, and their entry.

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