A. At the main point of the operation of the defendant's mistake of facts, even though it was confirmed that he was an adult upon presenting the identification card of the customer at the time and selling the alcoholic beverage, only the juvenile was discovered in the table in question after the police was called out, which is not so called so-called naval control, and it is doubtful that this is not a matter of criminal liability of the defendant.

B. The first instance sentencing (700,000 won of fine) on the accused is too unreasonable.

2. Determination

A. In full view of the witness I’s legal statement in the evidence duly admitted and examined by the first instance court as to the assertion of mistake of facts, the Defendant, as the general restaurant operator of “C” in the judgment of the first instance court, can sufficiently recognize the fact that the Defendant sold drugs harmful to juveniles, such as W(18), E(17), F(16), G(17), H(17), and I(17 years old), a juvenile juvenile, at the same time and time as indicated in the judgment of the first instance court, and confirmed whether the Defendant was adult by again presenting a identification card against this, and confirmed whether he/she was sexually adult.

As shown in the Defendant’s argument that other juveniles are exposed to the Defendant’s assertion, such as that they were exposed at the time of crackdown, etc., the testimony of the witness M of the political party witness cannot be believed in light of the witness I’s legal statement, etc., and the arrangement of the inside structure and photographs of the “C” submitted by the Defendant are insufficient to support the Defendant’s argument, and there is no other counter-proof, the above assertion by the Defendant is rejected.

B. In full view of the following circumstances: (a) the Defendant did not have any criminal record against the allegation of unfair sentencing; (b) the Defendant appears to have taken into account the circumstances of the instant case; and (c) the Defendant is managing more thoroughly in the future; or (d) various circumstances favorable to the Defendant, including the content and circumstances of the instant crime; and (e) the Defendant’s age, character and conduct, environment, family relationship, and economic circumstances.