The prosecutor's appeal is dismissed.

1. The judgment of the court below which found the defendant not guilty of the facts charged of this case, is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment, although it is apparent that the defendant had sold alcoholic beverages without confirming identification card against three juveniles.

2. Determination

A. The summary of the facts charged in the instant case is a person who works as an employee from the C convenience store located in Ansan-si, B.

No person shall sell, lend, distribute, or provide free of charge juveniles with drugs, etc. harmful to juveniles.

Nevertheless, on May 9, 2016, the Defendant sold alcoholic beverages at the above convenience store around 01:00 on the sum of 11,500 won and 11,500 won, without verifying the age to 3 juveniles, including D(M, 17 years of age) who had been engaged in purchasing alcoholic beverages at the above convenience store.

B. In light of the following facts and circumstances acknowledged in accordance with the evidence duly admitted and adopted, the lower court determined that the Defendant’s assertion that he thought D at the time of the instant case to be a juvenile of 93 years old age rather than D, was reliable, and accordingly, it was proven that the Defendant had an intention to sell alcoholic beverages to “juvenile” to the extent that there is no reasonable doubt.

Considering that it is insufficient to view the facts charged of this case, the court acquitted the Defendant.

① The Defendant did not inspect D’s resident registration certificate at the same date and place as indicated in the facts charged and sold alcoholic beverages indicated in the facts charged (On the other hand, the Defendant merely appears to have received alcoholic beverages from D and sold the said alcoholic beverages to D, and it is difficult to view the remaining two juveniles accompanied with D as the purchaser of alcoholic beverages, and there is no other evidence to regard them as the purchaser of alcoholic beverages). ② The Defendant presented the resident registration certificate that was born in 93 years prior to the instant case, and purchased alcoholic beverages.