Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C cafeteria” in Daegu-gu B.

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

Nevertheless, on June 27, 2020, the Defendant, at the above restaurant around 21:30 on June 27, 2020, sold 5 sick 15,000 won and 3 sick 3 sick 9,000 won to juveniles, who were found to be customers in the above restaurant, without confirming the age of Do juveniles D (18 taxes) and 3 others.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. Each statement of D, E, F, and G;

1. Occurrence of a suspected violation of the Juvenile Protection Act and report on the detection of suspects;

1. Application of Acts and subordinate statutes governing field photographs;

1. Article 59 of the relevant Act on the facts constituting an offense and Articles 59 subparagraph 6 and 28 (1) of the Act on the Protection of Juveniles Eligible for Punishment (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. At the time of the instant case, the Defendant confirmed the identification card of D, etc. and sold it to D, etc., and since the identification card presented by D, etc. was not known of another person’s identification card, the Defendant did not have intention to violate the Juvenile Protection Act.

2. Determination

A. In light of the legislative purport of the Act on the Protection of Juveniles, where a business owner, etc. who sells harmful drugs to juveniles sells such drugs, he/she shall verify the age of the juvenile on the basis of the resident registration certificate or other evidence of public probative value of age to the extent similar to that of the juvenile with respect to a purchaser of a age group likely to be a juvenile unless there are circumstances that make it difficult for the purchaser to doubt the juvenile as a juvenile (see, e.g., Supreme Court Decisions 93Do2914, Jan. 14, 1994; 2002Do2425, Jun. 28, 2002).