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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant sold tobacco 1 A without confirming the age of the juvenile at the date, time, and place indicated in the facts charged in the instant case, and sold tobacco 1 A at a location, despite sufficient evidence to support this, the lower court acquitted the Defendant on the ground that there is no evidence to support this. In so doing, the lower court erred by misapprehending
2. Determination
A. The summary of the facts charged is that the Defendant is a person employed at the Seojin-gu Seoul metropolitan convenience store in Jeonjin-gu as an employee, and around December 20, 201, at around 22:00-24:00 on December 20, 201, the Defendant sold the Mad Tobacco 1 A, which is a juvenile harmful drug, to 2,700 won, without verifying the age to D, who is a juvenile under the age of 17 years at the above convenience store.
B. The court below found the defendant not guilty on the grounds that it is difficult to believe the statements in D, E investigation agencies and the court of original instance, which correspond to the facts charged in this case, and the remaining evidence submitted by the prosecutor alone is insufficient to acknowledge them, and there is no other evidence to acknowledge them. In light of a thorough examination by comparing the reasons for the non-guilty of the court below with the records, the judgment of the court below is just and it is recognized that there is no fact that only 1 A, opper in the above convenience store was sold at the above convenience store as stated in the facts charged in this case, according to the computerized data attached to the investigation report (related to the sale of goods) prepared by the assistant judicial police officer), and there is no error of mistake of facts as pointed out by the
Therefore, the prosecutor's argument of mistake is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.