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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On June 26, 2016, the Defendant, who operated the “D Singing Co., Ltd.” in Suwon-gu, had access to the said E, etc. without verifying the age of E (n, 15 years of age), F (n, 16 years of age), G (n, 15 years of age), and H (n, 16 years of age) who had been a customer in the said singing room at around 03:00 on June 26, 2016, and sold the said E, etc. a drug harmful to juveniles.
2. Determination
A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction shall be based on evidence with probative value sufficient to have a judge conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the interest of the defendant should be judged even if there is a doubt as to the defendant (see Supreme Court Decision 2001Do2823, Aug. 21, 2001, etc.). B. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court, each legal statement of a witness E, F, and H is difficult to believe, and the remaining evidence submitted by the public prosecutor alone is insufficient to find the defendant guilty of the facts charged in the instant case, and there is no other evidence to prove this otherwise.
① At around 03:00 on June 26, 2016, adult male and female youths, E, etc. (hereinafter referred to as “juveniles”), as stated in the facts charged around Suwon-gu, Suwon-si, Seoul (hereinafter referred to as “I, etc.”) first met with D music to drink alcohol.
② According to the results of the CCTV reproduction in this Court, the Defendant confirmed identification cards presented by juveniles at the time and place specified in the facts charged and entered the instant singing box. It is not confirmed who presented his/her identification cards.
③ Juveniles received four male identification cards from I, etc. to show the above identification cards to the Defendant, and entered singing.