The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of misunderstanding the facts, the Defendant did not confirm the identification card of the above juvenile who was found to be adult, since he was aware that the above juvenile was sexually committed, at the time of misunderstanding the facts, the Defendant did not have any criminal intent to commit the crime of violating the Juvenile Protection Act.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. In regard to the assertion of misunderstanding of facts, Article 26(1) of the Juvenile Protection Act provides that anyone shall not sell harmful drugs to juveniles, etc., and Article 20(1) of the Enforcement Decree of the same Act provides that "any person who intends to sell, lease, or distribute harmful drugs, etc. to juveniles under Article 26(1) of the Act shall confirm the other party's age." In light of the content of such provision and the legislative intent of the Juvenile Protection Act, the proprietor and the employee of a business place selling harmful drugs, etc. shall be seriously responsible for complying with the above provision for the protection of juveniles.

Therefore, barring any circumstances where it is objectively difficult to doubt the person as a juvenile, the person's age should be confirmed based on resident registration certificates or evidence with public probative value of age to the extent similar to that of the person who entered the age group which is likely to be a juvenile, and if the business owner and the employee did not take any measures to confirm the age, barring any special circumstances, the business owner and the employee shall be deemed to have dominence of the crime of violating the Juvenile Protection Act due to the violation of the above Act, at least the above provision, unless there

(See Supreme Court Decision 2003Do8039 delivered on April 23, 2004, etc.). (2) In light of such legal principles, evidence duly adopted and examined by the court below.