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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant: (a) confirmed all of his/her resident registration certificates to juveniles found in his/her restaurant (hereinafter “instant juveniles”); and (b) stated that his/her resident registration certificates were born in 1995 and in 1996; (c) as the instant juveniles thought that they were adults and sold alcohol to them, the Defendant did not have intention to commit a violation of the Juvenile Protection Act; (d) however, the lower court erred by misapprehending the fact that it found the Defendant guilty of the instant facts charged, thereby adversely affecting the conclusion of the judgment.
B. In light of the various sentencing conditions of this case where sentencing is unfair, the sentence of a fine of KRW 500,000 imposed by the court below against the defendant is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the Act on the Protection of Juveniles provides that the purpose of the Act is to enable juveniles to grow into a healthy body by regulating the distribution of drugs, etc. harmful to juveniles and by protecting and remedying them from harmful environment (Article 1). Article 2 Subparag. 4(a) provides that "drugs, etc. harmful to juveniles are defined as drugs and articles deemed harmful to juveniles, and liquor pursuant to the Liquor Tax Act is defined as one of the drugs harmful to juveniles (Article 2 Subparag. 4(a)). For this purpose, any person who engages in the business of distributing drugs, etc., and organizations and associations composed of them shall autonomously endeavor to protect juveniles by preventing the distribution of drugs, etc. harmful to juveniles (Article 4(2)), and any person who intends to sell, lend, and distribute drugs, etc. harmful to juveniles shall verify the age of the other person (Article 28(3)).
In full view of the relevant provisions of the Juvenile Protection Act, juvenile protection is provided to the owners of restaurants, etc. who sell harmful drugs to juveniles as in the instant case.