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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, as indicated in the facts charged in the instant case, did not sell alcoholic beverages to a juvenile juvenile, such as D, and the Defendant would be able to fluorize while driving such alcoholic beverages as D.
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, and the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The sentence of imprisonment (one million won of fine) imposed by the court below on the defendant is too unreasonable.
2. Determination (Judgment on factual errors)
A. The summary of the facts charged is a general restaurant operator in the name of Yangcheon-gu Seoul Metropolitan Government “C”.
No one shall sell drugs harmful to juveniles, etc. to juveniles.
Nevertheless, at around 00:50 on May 17, 2014, the Defendant sold to 6 persons, including D(15 years of age) a juvenile, the two small-scale beer and two small-scale beer, one disease, and one beer, which are drugs harmful to juveniles, to 34,000 won.
B. As to the judgment of the court below, the court below found the above facts charged in full view of the witness D and E’s legal statements, control records, and documentary evidence photographs.
C. The burden of proving the facts charged in a single criminal trial for the judgment of the trial court is the prosecutor, and the conviction of guilt is based on the evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, the defendant is doubtfully guilty even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
In other words, the following circumstances recognized by the evidence duly admitted and examined by the court below and the court below, i.e., witness D of the court below, in relation to the process of entering the above sea area, was mentioned in a different place from the surrounding area, and there is no reason to refuse to sell alcoholic beverages.