The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

Of the facts charged as to the violation of the Juvenile Protection Act by mistake of facts, there is no evidence to acknowledge that three persons other than C and D are juveniles, and the Defendant only sold the said C et al. one disease, and there was no fact that the Defendant sold the said C et al. two disease as indicated in the above facts charged.

The punishment (fine 500,000) sentenced by the court below on unreasonable sentencing is too unreasonable.

Judgment

For the first time in the trial, the prosecutor applied for amendments to the Act on the Violation of the Juvenile Protection Act against the accused, which changed the phrase “(18 years of age) 2 soldiers, etc., who are drugs harmful to juveniles to two persons, including C (18 years of age)” to the phrase “C (18 years of age) 1 soldiers, etc., who are drugs harmful to juveniles.” Since this court permitted this, the judgment of the court below is no longer maintained.

Therefore, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of mistake of facts and unreasonable sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts constituting the crime and the summary of the evidence acknowledged by the court below are identical to the facts constituting the crime in the judgment below, except that the part on the "P (18 years of age) 2 illness, etc., which is a drug harmful to juveniles, is changed to 2 persons, such as C (18 years of age)" among the part on the "2. Juvenile Protection Act" to 2 persons, such as C (18 years of age), etc., and therefore, it is also identical to the corresponding column in the judgment below.

Application of Statutes

1. Article applicable to criminal facts;

(a) An unregistered general restaurant business: Subparagraph 1 of Article 97 and subparagraph 4 of Article 37 of the Food Sanitation Act;

(b) Points of sale of drugs harmful to juveniles: Subparagraph 6 of Article 59 of the Juvenile Protection Act and Article 28 (1) of the same Act;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.