A. Since the Defendant sells alcoholic beverages with the knowledge of adult age, the lower court erred by misapprehending the facts.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. In light of the legislative intent of the Juvenile Protection Act regarding the assertion of misunderstanding of facts, the employer and employees of a business establishment prohibited from allowing juveniles to enter the relevant business establishment for the purpose of protecting juveniles.

As such, barring any special circumstance, the owner or employee of a business establishment prohibited from allowing access to juveniles shall verify the age of the person subject to access based on resident registration certificates or evidence with public probative value of age sufficient to identify the person subject to access, barring any circumstances where it is objectively difficult to doubt the person subject to access as a juvenile. If a juvenile enters the business establishment due to his/her failure to take any measures to verify his/her age since the business owner or employee violated his/her duty to verify the age, barring any special circumstance, at least the failure of the business owner or employee to commit a crime of violating the Juvenile Protection Act due to the violation of the above Act shall be deemed

(See Supreme Court Decision 2003Do8039 Decided April 23, 2004, etc.). The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., (i) juvenile E and F, (ii) had been entered several times in a restaurant run by the defendant, together with his/her adult line, even before October 13, 2012, on the day of the instant case; (iii) the identification card was confirmed only by the adult line; (iv) E and F did not confirm the identification card; and (v) on October 13, 2012, which is the day of the instant case, the E and F did not confirm the identification card; and (v) on October 13, 2012, the Defendant ordered the Defendant’s restaurant with his/her other juvenile H, other than the above line, and drank with the Defendant.