Defendant shall be punished by a fine of KRW 700,000.

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 operates a general restaurant in the name of "C" in Busan Western-gu B.

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

Nevertheless, around September 14, 2019, the Defendant sold to three juveniles, such as D (Inn, 18 years of age) in the restaurant on September 22 and 30, 2019, two bottles and one beer.

Summary of Evidence

1. Partial statement of the defendant;

1. A letter from each person in D, E, and F;

1. On-site photographs;

1. A copy of investigation report (Attachment of business report) and a copy of business report [the defendant asserts that D et al. had known about the fact that D et al. was a juvenile. In light of the provisions of the Juvenile Protection Act and the legislative purpose of the Juvenile Protection Act, a person who sells drugs harmful to juveniles, such as alcoholic beverages, imposes a very heavy liability not to sell such drugs to juveniles. In the sale of such drugs, unless there are circumstances that are objectively deemed difficult for the purchaser to doubt as a juvenile, the purchaser's age is confirmed based on the evidence with public probative value of the age to the age group purchaser who is likely to be a juvenile. If the business owner or employee purchased the harmful drugs due to his/her failure to take any measures for age verification in violation of the duty of age verification, barring any special circumstance, at least do negligence in the crime of violating the Juvenile Protection Act due to a violation of the above provisions (see, e.g., Supreme Court Decision 2003Do8039, Apr. 23, 2004).

Therefore, the defendant's argument can be accepted.