The defendant shall be innocent.

1. The Defendant is a person who operated a mutually beneficial point of “C” in Kimpo-si, Kimpo-si.

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

Nevertheless, at around June 11, 2020, the Defendant provided alcoholic beverages designated as harmful drugs to juveniles (at least 500ccccc. 1 residues) free of charge to D (at least 17 c. n., n.).

2. Determination

A. Article 28(1) of the Juvenile Protection Act provides that no person may sell, lend, distribute, or provide free of charge, drugs, etc. harmful to juveniles to juveniles.

“.......”

However, the prosecutor under Article 59 subparag. 6 of the Juvenile Protection Act stated “Article 58 subparag. 3 and Article 28 subparag. 1 of the Juvenile Protection Act (HHic Substances, etc.)” as the provision applicable to this part of the facts charged. However, it is obvious that this is a clerical error in Article 59 subparag. 6 and Article 28 subparag. 1 of the Juvenile Protection Act.

Article 28(1) provides that a person who sells, lends, distributes, or provides for profit-making purposes alcoholic beverages to juveniles in violation of Article 28(1) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won.

According to the above legal provisions, the juvenile provided liquor free of charge.

Even if there is no profit-making purpose, it shall not be punished by applying Article 59 subparagraph 6 of the Juvenile Protection Act.

B. The following facts are acknowledged according to the evidence duly adopted by this court.

1) The Defendant operated C from around September 2016, and D was employed by the Defendant from around April 28, 2020 to his employee.

D is 17 years of age and received consent from D's mother E at the time of employment.

2) The Defendant was run by F on June 10, 2020 by him to F.

C transferred to KRW 150 million, which was suspended from the date of the transfer, and the preparation procedure for the transfer of business was conducted.

3) Since June 11, 2020, the Defendant and employees including D around 19:30 on June 11, 2020.