The defendant shall be innocent.

1. The summary of the facts charged is a person who operates a mutual general restaurant of “D” in Seocheon-si, Seocheon-si C.

On February 1, 2014, at around 00:30, the Defendant sold to E (the 16-year-old) a juvenile, a juvenile, three-speaks and two-speaks, which are drugs harmful to juveniles.

2. Determination

A. In order for a restaurant operator to constitute “sale of alcoholic beverages to juveniles” under Article 51 subparag. 8 of the former Juvenile Protection Act (amended by Act No. 7423 of Mar. 24, 2005), if a restaurant operator sells alcoholic beverages such as alcoholic beverages to many people who entered the restaurant, the restaurant operator was included in the juvenile during the day and the restaurant operator should have been aware of the restaurant operator. Thus, if a restaurant operator was to sit in only an adult's place at the time of granting alcoholic beverages and drink the alcoholic beverages later and go together with the juvenile later, the restaurant operator could not sell alcoholic beverages to juveniles even if he/she did so even if he/she did so.

(See Supreme Court Decision 2001Do4069 Decided October 9, 2001 and Supreme Court Decision 2008Do11282 Decided April 9, 2009, etc.) B.

In light of the above legal principles, according to the health team, the defendant's legal statement, and the legal statement of E, the defendant did not verify the identification card of E, which is a juvenile, in the above D restaurant at the time and time in the decision of the defendant, and E is recognized to drink in the above restaurant.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., E, food in the Defendant’s restaurant in this Court.