The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

The prosecutor filed an appeal on the ground that there was no proof of a crime in the facts charged of this case and the court below erred by misunderstanding the facts and affecting the judgment.

According to the evidence duly adopted and examined by the court below and the court below, including the witness C’s party trial statement, the C (at that time, 16 years of age) stolen D’s physical fitness card from the wife C, around July 11, 201, and then paid one cigarette with the above physical fitness card from the convenience store of this case at around 02:13 on the same day. At the time, the Defendant, who had worked at the convenience store of this case at the convenience store of this case at the time, did not ask C’s age or verify identification card, can be recognized as the fact that C (at that time, 16 years of age) sold the above tobacco without asking C’s age or confirming identification card.

In full view of the above facts, C’s age, and the fact that the Defendant did not verify at all, it is reasonable to deem that the Defendant sold tobacco with the knowledge that C was a minor at least. As such, the Defendant sold tobacco to C who is a juvenile. It is sufficient to find the Defendant guilty of the facts charged in the instant case.

Therefore, since the prosecutor's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

around 02:13 on July 11, 201, the Defendant sold one cigarette to juvenile C (the age of 16) at Yangcheon-gu Seoul, Yangcheon-gu Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C at the trial;

1. Police suspect interrogation protocol regarding C;

1. Application of the Acts and subordinate statutes governing CtV video records and liquidity transactions;

1. Relevant legal provisions concerning facts constituting an offense, and the selection of penalties under Articles 51 subparagraph 8 and 26 (1) of the Juvenile Protection Act;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;