The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The judgment of the court below that found the facts charged in this case and convicted the Defendant, even though the Defendant demanded an identification card when receiving an order for alcohol from the juveniles and provided it after confirming it, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the court below consistently asked the defendant from the police station of this case F, G, and E (hereinafter “F, etc.”) to whether the defendant had an identification card in F, etc. to the original trial, and stated that it was not actually confirmed the credibility of each of the above statements. In light of the above statements, there is no circumstance to suspect the credibility of each of the above statements, and considering the above statements, as long as the defendant sells alcoholic beverages without demanding the F, etc. to present an identification card or taking measures for age verification and without confirming facts other than the juvenile, even though it was suspected that the F, etc. was aware that he was a juvenile at the time of committing the crime of this case, the defendant had an intention to sell alcoholic beverages to juveniles under the negligence of the defendant.

I seem to appear.

Therefore, since the facts charged in this case can be fully recognized, the defendant's assertion of mistake is not accepted.

B. In light of the legislative intent of the Juvenile Protection Act, in order for juveniles to grow up into a sound character by protecting juveniles from a harmful environment to determine the unfair determination of sentencing, the Defendant’s liability for selling alcoholic beverages to juveniles without properly verifying identification cards is light.

subsection (b) of this section.

However, the defendant is merely an employee and the benefit from the crime of this case does not directly belong to the defendant, the precedent of sentencing in a similar case, and the age of the defendant.