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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. Around March 17, 2019, the Defendant: (a) around 22:30 on March 17, 2019, sold the summary of the facts charged to five juveniles, including D (in 2001, South) who were juveniles, at the main points of C located in Gwangju-si B, in total of KRW 82,00.
2. According to the witness E and D’s testimony, the Defendant, at the time and time indicated in the facts charged, provided five customers, such as E, who visited the main points operated by the Defendant, with alcohol and alcohol through identification cards, etc., and provided them with alcohol and alcohol. After a considerable time has elapsed, D, a juvenile, was in contact with the said main points, and at the time, the Defendant and the Defendant’s wife did not know of the fact that D was in accord.
In addition, there is no evidence to prove that the defendant sold or provided additional alcoholic beverage to the same person after D's seat.
As above, the Defendant cannot be deemed to have sold or provided alcohol to D, which is a juvenile (see, e.g., Supreme Court Decision 2001Do6032, Jan. 11, 2002) on the sole basis of the fact that D d drinks together with the foregoing alcohol and drink (see, e.g., Supreme Court Decision 2001Do6032, Jan. 11, 20
3. In conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and thus, a not-guilty verdict is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of this judgment is publicly announced pursuant to Article 58(2)