The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Four juveniles, such as misunderstanding of facts D, etc. (hereinafter “instant juveniles”), have been recorded in the Defendant’s restaurant several times prior to the instant case, and the Defendant confirmed the above juveniles’ identification card. At that time, the Defendant was aware that the instant juveniles belonged to the Defendant by presenting another’s resident registration certificate, etc., and the Defendant was erroneous that the said juveniles were adults.

Therefore, the Defendant merely sold alcoholic beverages by falling under the false language of the instant juveniles, and the Defendant was guilty of violating the Juvenile Protection Act.

shall not be deemed to exist.

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

2. Determination

A. In light of the content and legislative purpose of the Juvenile Protection Act regarding the assertion of misunderstanding of facts, a person who sells a drug harmful to juveniles, such as alcoholic beverages, imposes a very heavy liability for not selling it to juveniles. In selling it, unless there are circumstances objectively deemed difficult for a purchaser to doubt as a juvenile, the purchaser’s age should be verified based on the resident registration certificate or evidence with public probative value of age sufficient to the degree similar thereto. If the business owner and employee have purchased a drug harmful to juveniles by failing to take measures to verify age due to their violation of the duty to verify age, barring any special circumstance, the business owner and employee shall be deemed to have dolusent intent of the crime of violation of the Juvenile Protection Act (see, e.g., Supreme Court Decision 2003Do8039, Apr. 23, 2004). In light of the above legal principles, the court below's reasoning was duly adopted and investigated by the evidence.