청소년보호법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The defendant asserts that the judgment of the court below that the defendant had a minor E and F access to entertainment tavern and sold drinking, although he did not know the fact that he was a juvenile, although he had no intention to sell drinking by allowing him to enter entertainment taverns, the court below erred by misunderstanding the fact that he had a minor E and F sold drinking, which affected the conclusion of the judgment.
B. The Defendant asserts that the sentence imposed by the lower court (the fine of four million won and the cost of the lawsuit) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The Defendant in the facts charged in the instant case is a person who operates an entertainment drinking club under mutual name in Seongbuk-gu, Sungwon-si.
The owner and employee of an entertainment drinking house shall not allow juveniles to enter the entertainment drinking house, and no one shall sell drugs harmful to juveniles, such as alcoholic beverages, to juveniles.
Nevertheless, on December 30, 2013, the Defendant did not verify the age of E (ma, 16 years of age) and F (ma, 16 years of age) as a juvenile on December 30, 2013, and allowed the above entertainment drinking house to enter the above entertainment drinking house, and sold the above juveniles one disease of 2 and 1 disease as a juvenile harmful to juveniles.
B. The lower court found the Defendant guilty of the instant facts charged.
C. 1) In light of the legislative purport of the Juvenile Protection Act, in light of the relevant legal principles, the business owner and employees of a business establishment prohibited from accessing juveniles are highly seriously responsible for not allowing juveniles to enter the business establishment in question for the protection of juveniles. Thus, the owner and employees of a business establishment prohibited from accessing juveniles should confirm the age of juveniles based on resident registration certificates or evidence with public probative value of age to the age group that is likely to be juveniles, unless there are circumstances where it is objectively difficult for them to suspect juveniles as juveniles (see Supreme Court Decision 201Da1548, Apr. 2, 201).