The sentence of sentence against the defendant shall be suspended.

Criminal facts

The defendant is a person who operates a general restaurant in the name of C building 102 to D in Si interest.

No one shall sell alcoholic beverages, which are drugs harmful to juveniles, to juveniles, to juveniles.

Nevertheless, at around December 30, 2014, the Defendant sold to three persons, such as E (18 years of age) a juvenile, one of the juvenile harmful drugs, at the above restaurant around 22:10.

Summary of Evidence

1. The defendant's partial statement and his defense counsel argues that since the defendant already sold alcohol to him with the knowledge that he was not a juvenile through the identification of the status of E, etc., the defendant should be acquitted of the facts charged of this case on the premise that E, etc. was aware that he was a juvenile.

Article 26(1) of the Juvenile Protection Act provides that no person shall sell or rent harmful drugs, etc. to juveniles, and Article 20(1) of the Enforcement Decree of the same Act provides that "any person who intends to sell or rent harmful drugs, etc. to juveniles pursuant to Article 26(1) of the Act shall confirm the age of the other party thereto." In light of the content of such provision and the legislative intent of the Juvenile Protection Act, any business owner and any employee of a business place that sells harmful drugs, etc. shall be subject to strict responsibility to comply with the above provision for the protection of juveniles.

Therefore, barring any special circumstance where it is objectively difficult to doubt the person as a juvenile, the person’s age should be confirmed based on resident registration certificates or evidence with public probative value of age to the extent similar to that of the person who has access to the age group which is highly likely to be a juvenile, and if the business owner and the employee did not take any measures to confirm the age, the business owner and the employee shall be at least the above law, barring special circumstances.