The defendant shall be innocent.

Summary of Facts charged

A. On March 15, 2014, around 09:30 on March 15, 2014, the Defendant sold tobacco smoking 1 A, which is a harmful material for juveniles, to juvenile E, and 1 A.

B. On March 16, 2014, around 13:00, the Defendant sold a tobacco e-mail range, which is a harmful material to juveniles, to juveniles F, at the places described in the above paragraph (a).

There are only the statements of F and E (each legal statement of F and E, F and E, each written statement of the witness F and E) as evidence to support the facts charged in fact.

However, in light of the following circumstances, it is difficult to view that only the above evidence is proved to the extent that there is no reasonable doubt about the facts charged.

1. On March 8, 2014, when a person suspected of being a juvenile intends to purchase tobacco at the pertinent establishment, the Defendant appears to have had him/her prepare and keep a written self-written statement on which his/her name, life, present identification card, date, etc., and in particular, on March 8, 2014, the Defendant had E prepare such written statement.

(이 법원 2014. 10. 10.자 자필진술서 참조). 한편, E은 증언하면서 당초에는 ‘2014. 3. 8.에는 위 업소에서 담배를 사려고 한 사실이 없다’고 진술하다가 위 자필진술서를 제시받고서는 곧바로 ‘말이 헛나왔다’라면서 번복한 뒤 ‘2014. 3. 8.에는 위 업소에서 담배를 사려고 했으나 신분증 제시가 안 되어서(신분증이 없어서) 못 샀다’고 진술하였고, ‘2014. 3. 15.에는 피고인으로부터 신분증 제시를 요구받지 않고 담배를 샀다’고 진술하였다.

However, on March 8, 2014, when E attempted to purchase tobacco at the first place of business, the facts that the Defendant requested E to present an identification card on March 8, 2014 as of March 15, 2014 stated in the facts charged.