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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The Defendant of the facts charged shall not sell, lend, or distribute alcoholic beverages, which are harmful to juveniles, to a person who operates a general restaurant under the trade name “D liquor” on the second floor of Nowon-gu in Seoul Special Metropolitan City.
Nevertheless, around July 24, 2016, the Defendant sold the amount of KRW 52,00,000 at the market price of liquor 2 bottles and beer 1 bottles, which are alcoholic beverages, without verifying the age of 3 young people E (n, 16 years of age) who entered the above D main shop as customers.
2. In order to find guilty of the facts charged of selling alcoholic beverages, which are harmful drugs to juveniles, the fact that three persons, such as E, are juveniles should be recognized.
However, if a person sells alcoholic beverages without age verification even though there was a circumstance to suspect as a juvenile, there was dolusence about the fact that the person sells alcoholic beverages to the juvenile.
may be seen.
Since the prosecutor bears the burden of proving the elements of a crime prosecuted in a criminal trial, the prosecutor bears the burden of proving that the Defendant, who meets the subjective constituent elements, was aware that he/she sells alcoholic beverages to juveniles, and such proof has to reach such a degree as to cause a judge to have a reasonable doubt, and if there is no such proof, it shall be determined with the benefit of the Defendant.
In the case of this case, the Defendant was able to verify that he was an adult by inspecting three identification cards, such as E, which entered into a customer at the time, and sell alcoholic beverages after confirming that he was an adult.
The respective legal statements of lives, the witness F, and the witness G (G is a person who was at the site of a guest at the time) do not coincide with each other in the detailed part, or differs from the content of the defendant's change, but at the time, F inspected the identification card of the juvenile, including E.