The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

No person shall sell, lend, distribute, or provide free of charge drugs, etc. harmful to juveniles to juveniles.

On January 31, 2017, the Defendant, as an employee of the “D” main store located in the wife population C, sold to E (W, 17 years old) a juvenile who entered the said main store as a customer, without confirming the age from around 20:0 to 23:00, the Defendant sold to E (W, 17 years old) a juvenile harmful drug in the amount of KRW 127,00,00.

Summary of Evidence

1. Partial statement of the defendant;

1. The investigation report (No. 4 page of investigation record) 【Defendant was aware of E as the birth in 1998, and thus, there was no perception that he would sell alcoholic beverages to juveniles.

Therefore, in light of the contents and legislative intent of the Juvenile Protection Act, the main business owner and employees of alcoholic beverage sales business place are subject to very strict responsibility for not selling or providing alcoholic beverages to juveniles for the protection of juveniles. Thus, the main business owner and employees of the main business place must objectively identify the subject's age based on resident registration certificate or evidence with public probative value of age to the extent of juveniles, unless there are circumstances that make it difficult to doubt juveniles as juveniles, and if the business owner and employees violate the duty to verify their age and sell or provide alcoholic beverages to juveniles without any justifiable measures to confirm their age, it is recognized that the main business owner and employees of the business place violate the duty to verify their age (see Supreme Court Decision 2003Do8039, Apr. 23, 2004, etc.). According to evidence, the defendant presented his/her personal identification card to the above defendant along with his/her personal identification card to the above three main business owners and employees.