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

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

Punishment of the crime

No one shall sell, lend, or distribute drugs harmful to juveniles, etc. to juveniles.

Nevertheless, at around 22:00 on March 12, 2019, the Defendant sold three illnesss and three illnesss, which are drugs harmful to juveniles, to four juveniles, including D(16) at a general restaurant with the trade name “C” operated by the Defendant in Gangdong-gu Seoul Metropolitan Government, without verifying identification cards.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. Each police suspect interrogation protocol of D or E;

1. Investigation report (F, G statements);

1. Voluntary report;

1. Seized objects and photographs;

1. The defendant and his defense counsel demanded the defendant to present identification cards to the juveniles having entered the "C" operated by the defendant at the time of the instant case, but the above juveniles could not be aware of the fact that they were juveniles by presenting other persons' identification cards to adults. Thus, the defendant did not have intention to commit the violation of the Juvenile Protection Act

According to the Juvenile Protection Act and the Enforcement Decree thereof, no person shall sell harmful drugs, etc. to juveniles, and any person who intends to sell, lend, or distribute harmful drugs, etc. to juveniles shall verify the age of the other person.

In light of the contents of the above provision and the legislative intent of the Juvenile Protection Act, the operators and employees of establishments that sell harmful substances to juveniles are given a strict responsibility to comply with the above provision for the protection of juveniles.

Therefore, unless there is any circumstance that it is objectively difficult to doubt the person as a juvenile, the person's age should be confirmed based on resident registration certificates or other evidence of public probative value of age to the extent similar to that of the person who has access to the age group, and the business owner and the employee should do so.