The defendant shall be innocent.

1. The Defendant, in the facts charged, was a person who works at the Seongdong-gu Seoul metropolitan convenience store (hereinafter “instant convenience store”) as an employee. From December 20, 201 to December 24, 201, the Defendant sold the Mad Tobacco 1 A, which is a juvenile harmful product, to KRW 2,700,000, without verifying the age of D from the above convenience store to the juvenile under the age of 17.

2. Determination

A. At each of the above legal and investigative agencies, D and E stated that D paid KRW 2,700 to the Defendant at the convenience store of this case on the date specified in the facts charged, and only purchased Mad tobacco 1 A, and that other goods were not purchased. According to the investigation report (related to the details of sale of goods), it is only once at 20:54 if only Mad tobacco 1 A was sold at the convenience store of this case on the day of this case, and at around 22:0-24:00 to 24:00, it is recognized that there was no day of sale of the above tobacco 1 A. Accordingly, it is difficult to believe all the above statements of D and E, and the remaining evidence alone is insufficient to recognize that the Defendant sold the above tobacco 1 A to D on the date specified in the facts charged, and there is no other evidence to support this otherwise.

B. Therefore, since the facts charged in this case constitute a case where there is no proof of crime, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.