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(영문) 수원지방법원 2017.10.27 2017노3518
청소년보호법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the summary of the grounds for appeal (misunderstanding of facts), F, G, and H’s statements and the evidence submitted by the prosecutor, the court below acquitted the Defendant of the facts charged in this case, despite the fact that the Defendant did not confirm F’s age and allowed access to the main points operated by the Defendant, the court below erred by misapprehending the facts and adversely affecting the conclusion

2. The lower court found the Defendant not guilty of the facts charged in this case, stating the grounds in detail.

In light of the reasoning of the court below and the facts found by the evidence duly adopted and investigated by the court below, F is suspected of having entered the F by presenting another person's identification card, and therefore, the defendant has a conflict of interest with each other and the credibility of F, G, and H's statement needs to be recognized more strictly. The judgment of the court below is just, and there is no error of misapprehending the facts and affecting the conclusion of the judgment.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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