A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant operates a general restaurant in the name of “D cafeteria” in the Gyeongnam-gun, Chungcheongnam-gun.

No one shall sell, lend or distribute alcoholic beverages that are drugs harmful to juveniles to juveniles.

Nevertheless, around 18:00 on May 23, 2015, the Defendant sold 5 illness, which is a drug harmful to juveniles, to E (n, 17 years of age), F (n, 18 years of age), G (n, 17 years of age) and 17 years of age, at the above restaurant.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning G;

1. Written statements of E and F;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of a management ledger for permission for business of food service business (report) and a certificate of school attendance by a reference witness);

1. Article 59 subparagraph 6 of the Juvenile Protection Act and the main sentence of Article 28 (1) of the Act on Criminal Crimes;

1. Selection of fines;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant did not recognize that E, etc. was a juvenile at the time, and thus did not have intention.

2. Since a person who sells judgment, etc. imposes a very heavy responsibility for not selling alcoholic beverages to juveniles for the purpose of protecting juveniles, he/she should objectively identify the age of the person subject to juvenile based on his/her resident registration certificate or evidence of public probative value of age to the degree of age to which he/she is likely to be juveniles unless there are circumstances that make it difficult to doubt the person as a juvenile from an objective perspective.

If a person sells alcoholic beverages, etc. to a person who did not take necessary measures to confirm age in violation of such duty to confirm age, negligence of the crime of violating the Juvenile Protection Act is recognized unless there are special circumstances (see, e.g., Supreme Court Decisions 93Do2914, Jan. 14, 1994; 2003Do8039, Apr. 23, 2004).