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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is a person who works as an employee at the main point of "D" located in Daejeon Jung-gu, Daejeon as an employee.
No one shall sell, lend, or distribute drugs harmful to juveniles, etc. to juveniles.
Nevertheless, on February 14, 2013, the Defendant sold three illnesss, beer, and beer two diseases, which are drugs harmful to juveniles, to E (17 years of age) and F (17 years of age) at the above main points.
2. The defendant and his defense counsel asserted that at the time of entry into and departure from E and F, the defendant demanded identification cards to confirm their age, and they knew that they were not juveniles but juveniles, and that they did not sell alcoholic beverages even though they knew that they were juveniles.
3. Determination
A. According to the Juvenile Protection Act, barring any circumstance where it is objectively deemed that the business owner and employees of a business establishment prohibited from accessing juveniles have a strict duty to verify the age of the person subject to access based on resident registration certificates or evidence of public probative value of age to the degree of age that is likely to be juveniles, barring any circumstances that make it difficult to doubt the person subject to access as juveniles, but in the meantime, it is sufficient to confirm whether the person is under the age of 19 solely on the certificate, unless there are circumstances to suspect the person subject to access when submitting a certificate of public probative value such as resident registration
However, in the process of such confirmation, customers show identification cards or Gemanmanmans.
or to require other customers to first present an identification card.
(1) The presenter who does not hold or hold an identification card and only intends to make an oral statement, or the age, face, etc. on the identification card, which is presented, are observed as the face.