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.

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, sold alcohol to juveniles, G, H, E, and I (hereinafter referred to as “instant juveniles”), but the Defendant was aware of the Defendant’s resident registration certificate presented by H and another juvenile (hereinafter “H, etc.”) when selling alcohol to H and one other juvenile (hereinafter “H, etc.”) prior to the instant case, and verified the resident registration certificate of G and one juvenile (hereinafter “G, etc.”) other than G were identified as having been not a juvenile. Since G, etc. presented a third party’s resident registration certificate or forged resident registration certificate, G, etc. was not a juvenile, there was no intention to sell alcohol to juveniles. Accordingly, the Defendant had no intention to sell alcohol to juveniles.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Juvenile Protection Act imposes a duty to verify the age of the other party on a person who intends to sell or sell drugs harmful to juveniles, such as alcoholic beverages, while prohibiting juveniles from selling, lending, distributing, or providing such drugs free of charge.

(1) Article 28(1) and (3) of the Juvenile Protection Act provides that “If a person who sells drugs harmful to juveniles, such as alcoholic beverages, intends to purchase alcoholic beverages, he/she shall confirm the person’s age based on his/her resident registration certificate or other evidence of public probative value equivalent to that of his/her age, unless there are circumstances that make it objectively doubtful that a person who sells drugs harmful to juveniles, such as alcoholic beverages, is objectively liable for not selling them to juveniles.” If there is a doubt that the person is different from his/her photograph on the resident registration certificate presented by him/her, a juvenile purchases alcoholic beverages with his/her status and age reduced.