The defendant is innocent.

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

Nevertheless, on September 1, 2012, from around 03:30 to 05:40 on the same day, the Defendant provided three young children, such as Da (Es) who worked as his employee in Cheongdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongdong-si, with three disease and 1,700CC free of charge.

Accordingly, the defendant provided alcoholic beverages as drugs harmful to juveniles free of charge.

2. The prosecutor prosecuted the above charged facts that the defendant provided liquor to juveniles D, etc. free of charge by applying Article 58 Subparag. 3 and Article 28(1) of the Juvenile Protection Act to the above charged facts.

However, the Act applicable to the facts charged in this case is Article 51 subparag. 8 and Article 26(1) of the former Juvenile Protection Act (Act No. 11229). Article 26(1) prohibits the sale, lending, and distribution of alcoholic beverages, which are drugs harmful to juveniles, for juveniles, and Article 51 subparag. 8 of the same Act only punish the act of selling alcoholic beverages.

“Act of selling alcoholic beverages to juveniles” under Article 51 subparag. 8 of the above Juvenile Protection Act refers to an act of offering alcoholic beverages to juveniles for consideration (see Supreme Court Decision 2008Do3211, Jul. 24, 2008). Article 28 of the Juvenile Protection Act, which was amended by Act No. 11048, Sept. 15, 201, effective as of September 16, 201, prohibits not only the act of selling or lending alcoholic beverages to juveniles, but also the act of offering them free of charge. Article 59 subparag. 6 of the same Act is respectively amended.

Therefore, there was no provision punishing the defendant at the time of providing liquor to the juveniles without compensation, and Article 51 of the former Juvenile Protection Act (Act No. 11229) was enacted.