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The defendant shall be innocent.
Reasons
1. In the facts charged, the Defendant is a person who operates a heading with the trade name of “C” in the period of harmony.
No one shall sell drugs, etc. harmful to juveniles to juveniles.
However, around February 8, 2018, the Defendant provided D(17 taxes) and two drivers of the above Hop on February 22, 2018, a juvenile, and received 26,900 won and sold alcoholic beverages to juveniles.
2. Determination
A. The Defendant was unable to recognize that D was a juvenile by presenting another person’s identification card.
It is argued that D suggested in the investigative agency and in this court the library membership card in lieu of identification card to the defendant.
was stated.
The statements of D cannot be trusted for the following reasons.
1) According to the common part of the Defendant and witness D’s legal statements, D has experienced tobacco at the E convenience store suitable for the Defendant’s operation after drinking at the drinking house.
According to the video of CCTV, D presented library membership cards even at convenience stores, in case of the police interrogation protocol on F, the police statement protocol on D, and CCTV records.
In the police, it was revealed that CCTV presented identification cards at the E convenience point, and it was presented to South Korea's identification cards.
The statements were changed.
2) At this Court, D offered library membership cards at first convenience stores.
The reason for the statement is due to the fact that the person's thoughts accurately in drinking at the time, and on the other hand, because the person's drinking house operated by the defendant was the first mind, it is clearly memory that the person's membership card is presented.
D은 피고인이 운영하던 술집에서 소주 한 병을 원 샷한 후 술김에 편의점에 갔는데, 편의점에 사람이 많아서 기다리는 동안 도서관 회원증으로는 안 될 것 같다고
I have given up the identification card of one-way and presented it.