The sentence of sentence against the defendant shall be suspended.

A. In fact, the defendant had sold alcohol to F and H, a juvenile, but at the time, the defendant did not think that F and H had been a youth of the 30st century, and H had been a youth.

Nevertheless, the court below convicted the defendant of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (a fine of 300,000 won) is too unreasonable.

2. Determination

A. The error of judgment on the assertion of mistake of facts, the behavior including a juvenile, issued an order for alcohol by entering a restaurant, and the juvenile sold alcohol to the juvenile in a situation where it is anticipated that the juvenile would drink together with his/her daily alcohol. In fact, if the juvenile drink together with his/her daily alcohol, it shall be deemed that the juvenile's act constitutes an "act of selling alcohol to the juvenile" under Article 51 subparagraph 8 of the Juvenile Protection Act (see, e.g., Supreme Court Decision 2004Do684, Apr. 23, 2004). In the event that the juvenile received an order including alcohol from his/her daily alcohol, it shall be determined whether he/she sells alcoholic beverages by identification card or other reliable methods when there is any circumstance to suspect that the juvenile was included in his/her daily alcohol, and if the juvenile provided alcohol to the juvenile without undergoing the verification procedure, it shall be deemed that the juvenile had an intention to sell alcohol to the juvenile.

The court below acknowledged the following facts based on the evidence duly admitted and investigated by the court below, that is, ① H and F met with a male with the 30-year first half of whom the name cannot be known in the PC bank, and entered into D' operated by the defendant with that male, and the defendant above H.