청소년보호법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is as follows: (a) the Defendant, at the time of the sale of the instant alcoholic beverages, sold the alcoholic beverages after hearing only the speech of the juvenile, even though he did not possess an identification card; and (b) the Defendant did not have any negligence in committing the instant crime; and (c) the lower court acquitted the Defendant on the ground that the Defendant did not recognize D as a juvenile, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is a person who operates general restaurants in the name of Ulsan-gu C.
On March 16, 2012, at C around 23:50, the Defendant sold to D(17 years of age) a two-way beer and 1,700C 2 beer and sold alcoholic beverages to juveniles.
B. The lower court determined as follows: (a) on March 16, 2012, based on the evidence submitted by the prosecutor, around 23:50, the Defendant presented the following facts: (b) around 23:50 of the evidence submitted by the prosecutor: (c) one of the E, F, D, G, and G’s names was included in the “C” operated by the Defendant; (d) the Defendant demanded to present his identification card to verify the age of E, etc.; (e) E presented his resident registration certificate under the name of H (I); (e) the birth year was changed from 94 to 91 years; (g) G and its name defect-friendliness were the 193 student; (e) F presented his name-friendly J University student card as his student witness; and (e) there was no identification card similar to that of E (Evidence No. 24,40 of the evidence record); and (e) the Defendant was aware that the Defendant and the Defendant did not know that the Defendant provided the same alcohol to E and the Defendant.