청소년보호법위반
1. The judgment below is reversed.
2. The defendant shall be punished by a fine of 300,000 won.
3. The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is that the defendant sold alcoholic beverages without confirming the age of juvenile E in his/her restaurant, and despite the sufficient evidence to support this, the court below acquitted the defendant on the ground that there is no evidence to prove the facts charged of this case. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is that the Defendant runs a general restaurant (hereinafter “instant restaurant”) with the trade name “D” from December 5, 201 to December 5, 201.
No one shall sell harmful drugs to juveniles to juveniles.
Nevertheless, on December 21, 2012, the Defendant sold 2 main e-mail, a juvenile who was found in the above restaurant on December 21, 2012, without confirming the age of E (ma, 18 years old).
B. The following circumstances acknowledged by the court below and the court below duly adopted and examined the evidence, namely, in the court below and the court of the first instance, E entered the restaurant of this case as of December 21, 2012, and ordered the drinking, and later, one of the friendlys did not receive an identification card from the defendant or the defendant's employee at the time of the crime. The court below stated that the circumstances to suspect the credibility of the above statement do not seem to exist, and K, which was E, stated that there was no fact of being requested to present an identification card from the defendant or the defendant's employee at the time of the crime of this case, and the defendant knew that the F knew that she was living in the year 1991 at the time of the crime of this case, but the witness F did not consistently state his identification card at the court of the court below as to whether her identification card was confirmed at the time of the crime of this case.