The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, as to the facts charged of this case, found the Defendant guilty on the ground that there was no fact that he sold alcoholic beverages to customers E, etc. at the time and place stated in the facts charged in the lower judgment, and there was no fact that he sold alcoholic beverages.

B. The punishment sentenced by the lower court against the Defendant (one million won in penalty) is too unreasonable.

2. Determination

A. The evidence duly adopted and examined at the lower court’s judgment as to the assertion of factual mistake and the following circumstances acknowledged by these evidence: (i) although the Defendant reported to the police by E on the ground that “I sold alcoholic beverages in a singing room,” it was difficult for the police officer to put the cans in a singing room prior to arrival at the site; (ii) if the Defendant sold non- alcoholic beverages, not alcoholic beverages, it was not a alcoholic beverage, there is no reasonable reason to see the cans under the circumstances in which the customer reported on the ground of sale of alcoholic beverages; and (ii) the Defendant caused the Defendant to carry the cans in a singing room, such as attaching a table.

However, considering the fact that the defendant could not make the above statement to the police officer who was dispatched to the site at the time of the instant case, the defendant can fully recognize the fact that he sold alcoholic beverages to E, etc. as stated in the facts constituting the crime of the lower judgment.

Therefore, the judgment of the court below did not err in the misconception of facts as alleged by the defendant, and the defendant's assertion of facts is without merit.

B. In full view of the following circumstances: (a) there is no special circumstance or circumstance that may be newly considered in sentencing after the pronouncement of the lower judgment regarding an unfair assertion of sentencing; and (b) the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime; and (c) circumstances that form the conditions for sentencing as indicated in the present argument and the record, such as the circumstances after the crime was committed, it is deemed that the sentence imposed by the lower court is too