The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, on the day of the instant case, did not verify the age of e, a juvenile, but had previously presented another person’s identification card that e does not constitute a juvenile, and sold tobacco as described in the facts charged in the instant case with knowledge that e is not a juvenile.

As such, even though there was no intention to commit a violation of the Juvenile Protection Act against the defendant, the court below convicted the defendant by misunderstanding the facts and sentenced him guilty.

B. The suspended sentence of a fine of KRW 300,00,000 imposed by the court below on the defendant is too unreasonable.

2. Determination

A. Although there is only one time to present an adult identification card on the assertion of mistake of facts and to purchase tobacco, it was at a place other than the convenience store for the operation of the defendant, and the convenience store for the operation of the defendant shows another person's identification card and to the witness's statement that there was no purchase of tobacco at the convenience store for the operation of the defendant, it cannot be said that there is a justifiable reason for the mistake of the fact even if the defendant was not the juvenile,

Therefore, the court below is just in finding guilty of the above facts charged, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant.

B. The lower court’s decision on the assertion of unfair sentencing is unreasonable on the ground that there are circumstances to take into account the circumstances of the instant case and there are no criminal records against the Defendant, taking into account the following factors: (a) the suspension of sentence of fine; and (b) the various sentencing conditions as indicated in the instant argument, including the method of the instant crime, the circumstances after the instant crime; and (c)

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.