The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts charged of this case, although the defendant sufficiently acknowledged the sale of alcoholic beverages without confirming the age of the juvenile.

2. Determination

A. The summary of the facts charged is a person running 'C' in Songpa-gu Seoul Metropolitan Government.

No one shall sell drugs harmful to juveniles, etc. to juveniles.

Nevertheless, at around 16:00 on October 20, 2018, the Defendant did not confirm the age of D (n, 14 years of age) a juvenile, etc., and sold 4 soldiers of the Cloud Pcl, which is a drug harmful to juveniles, to them.

B. The lower court found the Defendant not guilty of the facts charged in this case on the grounds that it is difficult to believe that each statement made by the witness E and D of the lower court was reliable, and other evidence submitted by the prosecutor alone is insufficient to deem that the Defendant intentionally sold alcoholic beverages to juveniles. 2) There are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the content of the first instance judgment and the evidence examination conducted by the first instance court, or the first instance court’s determination on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the evidence examination and the evidence examination conducted by the first instance court until the closing of arguments in the appellate court. Unless there are exceptional cases where it is deemed significantly unreasonable to maintain the first instance judgment on the credibility of the statement made by the witness of the first instance court, the appellate court should not reverse without permission the first instance judgment solely on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court differs from the appellate court’s determination (see, e.