The prosecutor's appeal is dismissed.

1. The testimony of the witness of the lower court, who is a juvenile of the gist of the grounds for appeal, is below credibility, and the defendant, as a business owner at the site, has the duty to verify when the juvenile enters the main points of the appeal, etc., the defendant should be deemed to be an actor who sells alcoholic beverages without verifying the identity of the juvenile together with G who is an employee.

Nevertheless, the lower court rendered a not guilty verdict on the facts charged of this case. In so doing, the lower court erred by misunderstanding facts and adversely affecting the judgment.

2. Determination on the grounds for appeal

A. The Defendant is a person who operates the instant charges with the trade name “C” from the Bupyeong-gu Incheon Bupyeong-gu B and the second floor.

No one shall sell or provide alcoholic beverages that are drugs harmful to juveniles to juveniles.

Nevertheless, at around 22:00 on August 11, 2017, the Defendant sold alcoholic beverages equivalent to KRW 27,000 at the market price, such as D (Nam, 17 years of age) and three (3) juveniles, i.e., a week 2 and a 1 week, respectively.

B. In full view of the following circumstances, the lower court found the Defendant not guilty on the ground that the evidence submitted by the prosecutor alone was insufficient to deem that the Defendant was aware that the Defendant had sold alcoholic beverages to juveniles D, etc. to the extent that there is no reasonable doubt, and that there was no other evidence to acknowledge it.

① At the time, juvenile D, E, and F, who had access to the main points of this case, presented another person’s identification card at the time of entering the main points of this case several times prior to the control of this case, and in the process, the Defendant’s employees G sold alcoholic beverages with the knowledge of D, etc. as adults after confirming identification card.

However, in confirming whether the defendant or G is adult of D, E, or F, he/she could have a sufficient question about whether he/she is identical with a person in his/her identification card.

(2) may be suspected of being a minor.