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The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
Reasons
1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts charged of this case even though the defendant has sufficiently recognized the sale of alcoholic beverages in the singing practice place.
2. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and examined by the first instance court, the Defendant may recognize the fact that the Defendant sold and provided alcoholic beverages to D and G in the instant singing practice place on June 24, 2014, and the Prosecutor’s allegation above is with merit.
(a) As a result of the appraisal by the National Institute of Scientific and Investigative Research, the ethyl alcohol concentration of liquid ethyl residues located on the table at the time of the police dispatch is consistent with the beer alcohol concentration sold in the market with 4.6%;
In light of the fact that the police moved the above liquid to another life through the process of requesting appraisal, however, the police reported a detailed investigation in detail on the process of the replacement of containers for which the record is not verified (Evidence No. 11 of the Evidence Records), etc., the police requested the appraisal of other liquids than the liquid acquired on the spot by intention or negligence.
Therefore, it is difficult to view that the above appraisal result is not reliable.
B. In the investigation stage, customer D had studio with a studio that the Defendant sold the beer to himself.
The defendant brought water containing scamblings on the tables before the police officers entered a clerical error.
“The statement was made,” which is consistent with objective circumstances, such as photographs taken at the time of the police enforcement, and natural.
(c)
On the other hand, the Defendant opened the cans of alcoholic beverages in front of studio and put them into the water tank at the control site.
Although the statement was made to the effect that “I am studio” was “I am studio and I am am blick, I am am blick, and I am am blick.”