The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

No one shall sell drugs, etc. harmful to juveniles to juveniles.

Nevertheless, on March 29, 2020, the Defendant sold alcoholic beverages and liquors equivalent to the amount of 48,000 won for alcoholic beverages and liquors equivalent to 48,000 won for alcoholic beverages, which are juvenile harmful drugs, to four juveniles, such as juvenile D ( South, 15 years old), juvenile E ( South, 16 years old), and juvenile D (North, 16 years old).

Summary of Evidence

1. The defendant's partial statement D and E's legal statement No. 112 Report Processing Receipt, On-site photograph (the defendant and his defense counsel had previously inspected his identification card against D and E and memory his face, and sold alcoholic beverages to D and E, so there was no intention to sell alcoholic beverages to juveniles.

The argument is asserted.

The owner of a business where alcoholic beverages are sold must objectively identify the age of a person who has access to the age group, which is likely to be a juvenile, based on resident registration certificate or evidence of public probative value of age to the same degree. If the owner of a business sells alcoholic beverages to juveniles without taking any measures to verify the age, barring any special circumstance, dolusent intent is recognized as to selling alcoholic beverages to juveniles (see Supreme Court Decision 2003Do8039, Apr. 23, 2004). D and E, the owner of a business where alcoholic beverages are sold as a witness at this court, have been identified by the resident registration certificate or evidence with public probative value of age to the degree that they are likely to be a juvenile, but they sold alcoholic beverages without taking any measures to confirm the age of the person.

Defendant had previously conducted an identification card inspection against D and E.

The identification card is different from that of D and E.