The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal is only the fact that the defendant did not sell alcoholic beverages to E, and that he sold alcoholic beverages to F, G, and I without recognizing that he was a minor (at the time of demanding presentation of identification card, but that presented altered identification card).

Nevertheless, the judgment of the court below which found the defendant guilty on the facts charged of this case is erroneous.

2. Determination:

A. Although anyone who is the summary of the facts charged is prohibited from selling liquor to a juvenile, the Defendant sold 5 illness per week to 3,000 won per bottled 3,00 won at a general restaurant of “D” where the Defendant, who is in Suwon-si C, worked as an employee, at around 02:00 on April 21, 2012.

B. The lower court convicted the witness E, F, and G on the ground that the said facts charged have been proven, based on each of the lower court’s legal statements and reports on the control of public morals business offices.

C. In a case where a juvenile at the trial of the political party presents an altered identification card and sells drugs harmful to juveniles with knowledge that he/she is not a juvenile and that he/she sells such drugs, etc., it is difficult to find the criminal act of violating the Juvenile Protection Act (see, e.g., Supreme Court Decision 2008Do8754, Dec. 11, 2008). In light of such legal principles, if the F, etc. presents the resident registration certificate whose identification card was modified as alleged by the defendant, the defendant cannot be deemed to have committed a crime of violating the Juvenile Protection Act even if he/she sells alcoholic beverages

On the other hand, evidence that corresponds to the fact that the defendant sold alcoholic beverages without requiring the presentation of identification card to juveniles, there is a statement of E, F, and G, a juvenile who purchased alcoholic beverages at the time. The following circumstances acknowledged by the record, namely, F, the “J” in front of his resident registration number at the time and place specified in the facts charged, are as K.