청소년보호법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, although the defendant, as stated in the facts charged, sold alcoholic beverages to juveniles.
2. The facts charged and the judgment of the court below
A. The Defendant is a person who operates a general restaurant in Dongdaemun-gu Seoul Metropolitan Government with the trade name “D”.
No one shall sell alcoholic beverages to juveniles.
On February 22, 2012, the Defendant received 6,000 won a week from 3 juveniles E (the age of 17) and provided 6,000 won a week in the restaurant.
Accordingly, the defendant sold alcoholic beverages to juveniles.
B. According to the evidence submitted by the prosecutor, the court below determined that the defendant's testimony in the court below that "D" restaurant operated by the defendant was sold alcoholic beverages to juvenile Eul, etc., but it is acknowledged that the defendant was not inside the above restaurant, and that the defendant was an employee I sold alcoholic beverages to the juvenile, and that the defendant was the above restaurant only when he controlled F and G, which is a police officer. Thus, the witness E of the court below's witness E of the court below stated that "the defendant was in the above restaurant with I and sold alcoholic beverages to the above juvenile through I", it is difficult to believe that it was not reliable, and otherwise, the defendant committed a violation of the facts charged, such as "direct".
The defendant was found not guilty on the ground that there is no evidence to recognize that the defendant's employees were aware that they sold alcohol to juveniles.
3. On the other hand, in the original trial, the witness E enters the restaurant of D operated by the defendant at the time of the instant case by the witness, K, and J.