The judgment of the court below is reversed.

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

When the defendant does not pay a fine.

1. Summary of grounds for appeal;

A. Fact-finding misunderstanding (as to the violation of the Juvenile Protection Act around August 10, 2015, the Defendant: (a) deemed that F was 21 years of death; (b) the appearance and physical strength were viewed as adults; and (c) the sale of tobacco was not of sale knowing that it was a juvenile; and (d) the Defendant did not sell tobacco with the knowledge that it was a juvenile.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the court below did not verify the actual age by confirming the identification card and sold tobacco to juveniles F. Thus, the court below did not err by misapprehending the facts as alleged by the defendant and adversely affecting the conclusion of the judgment.

B. Although the act of selling alcohol or tobacco to juveniles who have judged an unfair assertion of religion requires strict punishment because it is likely to harm the health of juveniles and encourage escape and flight, the defendant has no record of being punished for the same kind of crime, and there is no risk of re-offending by closing the tobacco sales store at present, and the defendant's age, sexual conduct, and the circumstances of the crime of this case and all of the sentencing conditions shown in the arguments and arguments are recognized as being too unreasonable, and therefore the defendant's assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act and the former Juvenile Protection Act (Act No. 1371, Jan. 6, 2016) regarding criminal facts.