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The defendant's appeal is dismissed.
Reasons
In light of the fact that the Defendant: (a) at the time of the instant case, asked F (a) whether he was an adult; (b) the Defendant demanded F (a) to present an identification card while asking questions as to whether he was an adult; (c) however, F made false remarks to the effect that “F was “I was the birth of 96 years and did not present an identification card; (d)” and F was at the time of cremation and was in the patient uniform; (c) the appearance and clothes were the same as adults; and (d) the F had purchased tobacco at the time of the instant case on two occasions at the Defendant’s shop, the Defendant was unaware of the fact that he was a juvenile at the time of selling tobacco to F, and thus, did not have any intention to commit a crime of violating the Juvenile Protection Act.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
The punishment sentenced by the court below against the defendant (the imprisonment of one year, the suspension of the execution of two years, and the suspension of education for sexual assault treatment for 40 hours) is too unreasonable.
Judgment
The purpose of Article 1 of the Juvenile Protection Act is to regulate the distribution of media, drugs, etc. harmful to juveniles to juveniles and access harmful business establishments, protect juveniles from harmful environments, and protect juveniles from harmful environment so that juveniles can grow into healthy character.
Article 4(2) of the Act provides that “The persons who engage in the business of distributing media products, water, drugs, etc. or the business of operating establishments harmful to juveniles, and organizations and associations comprised of those persons who engage in such business shall endeavor to protect juveniles by preventing distribution of media, water, drugs, etc. harmful to juveniles and by preventing juveniles from employing juveniles or having juveniles access to establishments harmful to juveniles.”
“.......”
The Act on the Protection of Juveniles of One Part.