The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

1. The gist of the grounds of appeal is that the Defendant, who operated the restaurant in this case, had a large number of customers at the time, was bad. The Defendant, where 20 customers were seated, 5 other than E, which is the instant juveniles, sells drinking by mistake as existing customers on the wind that 5, which is the instant juveniles, was seated, and it does not sell drinking with the knowledge that E, etc. was a juvenile.

2. The following circumstances revealed by the evidence duly admitted and investigated by the court below, i.e., ① the defendant stated in the investigation process of this case to the effect that "the defendant was a customer who had been previously adopted by E, etc., but did not confirm his age at the time of this case because he had confirmed his age." On the other hand, during the trial process of the court below, the defendant's statement to the effect that "the defendant did not confirm his identification card by misunderstanding other customers on the day" was not consistent and it is difficult to believe it as it is. ② The witness E, etc. of the court below who drank in the restaurant of this case sold alcohol without confirming his identification card to the defendant at the time, and even before that time, there was no identification card inspection at the restaurant of this case, ③ even if considering all the circumstances such as appearance and clothes of E, etc. at the time of regulating this case, it is difficult to see that the defendant was an adult, not a juvenile, the defendant's assertion that he sold it to E, etc. is sufficiently justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit, and is dismissed in accordance with Article 191 (1), Article 190 (1) and the main sentence of Article 186 (1) of the Criminal Procedure Act on the ground that the defendant bears the costs of lawsuit at the original

However, the court below's decision.