The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. On March 5, 2014, the Defendant: (a) around 18:20 on March 5, 2014, 18:20; (b) on the vinyl 13, E (13 years old); (c) the Defendant was found to have confirmed his/her resident registration number by packing 10 cigarette on the vinyl 10, but he/she was found to have confirmed his/her resident registration number; (d) on May 11, 2014, E entered a false date of birth and carried a tobacco with a false date of birth; and (e) on May 13:05, F (17 years old) did not have sold tobacco; (e) on the other hand, F brought money to bring about or stolen tobacco.

Nevertheless, the lower court found the Defendant guilty of selling tobacco to juveniles, and the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The fine of 1.5 million won imposed by the court below on the defendant is too unreasonable.

2. Determination on the grounds for appeal

A. In full view of the evidence duly adopted and examined by the court below, including the witness E and F’s statement in the judgment of the court below as to the assertion of mistake of facts, it can be sufficiently recognized that the Defendant, without verifying the identification card of E and F, which is a juvenile who has bought tobacco, contained and sold various kinds of tobacco 10 cigarette in plastic bags, and the fact that the Defendant sold the tobacco 1 cigarette to F.

B. There are extenuating circumstances, such as the fact that the Defendant’s health and economic circumstances are not good, the primary offender, and the fact that if the juvenile is aged for tobacco fraud, it would not be easy to confirm whether the Defendant is a juvenile or not as the same merchant as the Defendant, etc.

However, even though the Defendant sold tobacco to juveniles on or around December 2013 and received a disposition of suspension of indictment from the prosecution on or around January 2014, the Defendant sold tobacco to juveniles again, and on the same ground, sold tobacco to juveniles again, and on the same ground, sold tobacco from Songpa-gu for February 18, 2014 to March 17, 2014.