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(영문) 인천지방법원 부천지원 2014.06.13 2014고정256
청소년보호법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who operates a mutual head office of “D” located in the second floor of Gyeonggi Kimpo-si, the Defendant is a person who operates the head office of “D” (hereinafter “instant head office”).

No one shall sell, lend, distribute, or provide free of charge alcoholic beverages that are drugs harmful to juveniles to juveniles.

Nevertheless, around 21:00 on October 11, 2013, the Defendant sold approximately 10 bottles to about 10 juveniles, such as E (17 years of age) who are customers, and sold alcoholic beverages, which are drugs harmful to juveniles, to juveniles.

2. Determination

A. The juveniles stated in the facts charged in the facts charged by the Defendant and the defense counsel do not have any difference in the fact that they entered the main points of this case at the time stated in the facts charged, and therefore the Defendant did not sell liquor to the above juveniles

B. The part of the hearsay statement that the original person made a testimony from the juvenile, such as H, among the written statements of the witness F and G, that the person making the original statement made a testimony from the juvenile, such as H, etc. among the written statements of the court of this case, is inadmissible as it has been admitted as a witness in this court. The part of the written statement of the J in the prosecutor's interrogation protocol against the defendant, among the written statement of H, the written statement of H, the police statement of H, the part of the written statement of the police statement of the defendant in the suspect interrogation protocol of the defendant, the part of the written statement of H, the H in the written statement of the defendant, the part of the written statement of the police statement of the defendant in the suspect interrogation protocol of the defendant, and each of the recorded statements of H, J, I, and K, which are contrary to this, cannot be trusted in light of each legal statement of H, J

The remainder of the evidence presented by the prosecutor alone is insufficient to recognize the facts charged, and there is no other evidence to acknowledge it.

3. In conclusion, the above facts charged constitute a case where there is no proof of facts constituting the crime, and thus, a judgment of innocence is rendered under the latter part of Article 32

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