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(영문) 수원지방법원 안산지원 2013.09.05 2013고정965
청소년보호법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who operates a general restaurant in the name of “D” in the light of the name of “D”.

No one shall sell drugs harmful to juveniles to juveniles.

Nevertheless, at around 23:00 on April 12, 2013, the Defendant sold to two juveniles, including E (17 years of age) such as alcoholic beverages, 200 c and 2 42,00 c and 42,00.

2. According to the witness E, F, and G’s respective legal statements, it is recognized that the Defendant first demanded the presentation of identification cards when E, F, etc. was in the place of business, and that E, F, etc. present another person’s identification cards at the time, and that even thereafter, the Defendant confirmed the identity cards two to three times for F.

When comprehensively considering the legal statement, etc. of the witness G (H) to the purport that he/she would have inspected even when he/she went together with other friendships in the above facts of recognition, it cannot be ruled out that the defendant knew that he/she would have sold alcohol to E, etc. on the date and time stated in the facts charged, such as his/her change of status as a result of identification of E, F, etc., and that he/she would have known that he/she would be an adult as a result of identification, and that the evidence submitted by the prosecutor alone is insufficient to recognize the criminal intent

Thus, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure

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