The prosecutor's appeal is dismissed.

1. 검사의 항소이유 요지(사실오인) E은 피고인이 운영하는 ‘D슈퍼(이하 ’이 사건 슈퍼‘라고 한다)’에서 담배를 샀다고 일관되게 진술하면서 구체적인 담배의 종류까지 이야기하고 있어 그 진술에 신빙성이 있고, E이 자필로 작성한 2014. 3. 8.자 진술서(이하 ‘자필진술서’라고 한다)는 피고인이 단지 청소년보호법위반 책임을 회피하기 위하여 신분증도 제대로 확인하지 않고 E에게 요구하여 작성시킨 것이어서 그것만으로 E이 2014. 3. 8. 피고인에게 자신을 1995년생이라고 속이면서 신분증을 제시하여 담배를 구입하였다고 보기 어렵다.

F indicated clearly that the court below purchased tobacco before March 16, 2014 at the court below’s court, and purchased tobacco at around 13:00 on March 16, 2014 in its written statement.

The phrase "the time when the statement was prepared" seems to include the time when the statement was prepared.

In addition, E and F have no reason to make a false statement even when they report to the defendant by falsity and are subject to punishment for perjury as long as they smoked tobacco.

Nevertheless, the court below rejected the credibility of each E/F's statement and acquitted the facts charged in this case, thereby erroneous determination of facts.

2. Determination

A. On March 15, 2014, in order to reverse the lower court’s determination rejecting the credibility of each of the statements made by F and E, which are evidence supporting the facts charged in this part of the facts charged, the lower court’s determination ought to be sufficiently and sufficiently acceptable. However, even considering the circumstances required in the grounds of appeal, the lower court’s determination cannot be seen as circumstances to the extent that it appears to be the circumstances already pointed out in the process of the lower court’s trial and considered in the process of its determination.

This judgment of the court below.