Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Although the defendant, whose main point is the main point of the grounds for appeal, can sufficiently recognize the fact that he sells alcoholic beverages without confirming his identification card, the court below erred by misapprehending the fact that the court below acquitted the defendant on the facts charged of this case, based only on the juvenile's legal statement that is inconsistent with other evidences, such as the statement in the investigative agency, and thus, is not recognized credibility.
2. In light of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court, it is recognized that the Defendant, who operated the main store, sold alcoholic beverages without verifying the identification card of the juveniles who found the place.
Therefore, the court below's finding the defendant not guilty on the facts charged of this case constitutes a case without proof of crime, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts and thus the prosecutor's appeal pointing this out has merit.
The credibility, etc. of E, F and G (hereinafter referred to as "E, etc.")'s statements is not recognized as credibility of the statements made in the original court court, and credibility is recognized in the statements made in the investigative agency.
1 E, etc., at the main point of the Defendant’s operation on the day of the instant crime at an investigative agency, the Defendant did not verify the identification card of E and F, while two people drinking alcohol, the Plaintiff stated that “F was able to drink by telephone to G, and that G was late later, while G did not drink alcohol, there was no fact that the Defendant did not confirm the identification card of G that was late.
E and G written statements or self-written statements or written statements directly prepared on or after the day on which the instant crime was committed, and E, etc. undergo a joint investigation by police or cross-examination with the Defendant, but consistent with the Defendant.