Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The Defendant is a person who engages in retail business with the trade name “C” in Busan Shipping Daegu B.

No one shall provide, sell or distribute tobacco that is drugs harmful to juveniles to juveniles.

Nevertheless, at around 18:00 on July 3, 2018, the Defendant sold D(WW), a juvenile, to D(WW) as a drug harmful to juveniles, or to 4,500 won of tobacco as a drug harmful to juveniles.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to report on detection of violation establishments;

1. Article 59 of the Juvenile Protection Act and Articles 59 subparagraph 6 and 28 (1) of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserted that D, whose head was formed at the time when tobacco was purchased, could not be perceived as a juvenile by cremation.

A person who sells alcoholic beverages, etc. shall not sell alcoholic beverages to juveniles for the purpose of protecting juveniles. Thus, barring any circumstances that are objectively doubtful as a juvenile, the person's age should be confirmed based on resident registration certificates or other evidence of public probative value of age to the age group which is likely to be juveniles, unless it is objectively doubtful as a juvenile.

In a case where a person sells alcoholic beverages, etc. to a person who did not take necessary measures to confirm his/her age in violation of the duty to confirm the age, negligence in the crime of violating the Juvenile Protection Act is recognized (see, e.g., Supreme Court Decision 2007Do7770, Nov. 16, 2007). According to the health care unit for the instant case, according to the foregoing evidence, D is an external juvenile even in the absence of cremation to a high school student under the age of 17 (E).