The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The Defendant is a person who operates a general restaurant with the trade name of “D” in Incheon City.

No one shall sell drugs, etc. harmful to juveniles to juveniles.

Nevertheless, around 01:00 on August 23, 2015, the Defendant did not verify the status of juvenile E (14 tax and F) in the above restaurant, and sold a small liquor, which is a drug harmful to juveniles.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses G and E respective legal statements;

1. Each protocol concerning the suspect examination of the police against the defendant, G, or E;

1. Each written confirmation of G and E;

1. Certified copy of resident registration certificate (E);

1. The photograph description (e.g., seized articles, on-site, damaged side pictures, etc.) / The defendant and the defense counsel requested to present his/her identification card at the time, G presented his/her identification card to a person who is an adult, and E argued that he/she was a friendship of G without presenting his/her identification card and conducted as if he/she was an adult, and so, E sells alcoholic beverages to E, thus there was no criminal intent to sell alcoholic beverages to juveniles.

The argument is asserted.

Unless there are circumstances from an objective perspective that make it difficult for the proprietor or employee of a business place selling alcoholic beverages to doubt the person as a juvenile, he/she shall sell alcoholic beverages only when he/she confirms that the person's age is not a juvenile by verifying his/her resident registration certificate or evidence of public probative value of age to the degree of age that is likely to be a juvenile. In cases where the proprietor or employee of a business place selling alcoholic beverages without taking any measures for age verification because he/she violated his/her duty of age verification and sells alcoholic beverages to the juvenile, the business owner or employee of a business place selling alcoholic beverages is recognized as not guilty of the sales of alcoholic beverages to the juvenile (see Supreme Court Decision 2007Do770, Nov. 16, 2007). The defendant's age is based on his/her resident registration certificate or other evidence of probative value of age to the extent similar thereto.