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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, without obtaining a license for alcoholic beverage sales business, misunderstood that the act of selling G without obtaining a license does not constitute a crime under the law, and there was a justifiable reason for such misunderstanding.
B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.
2. Determination
A. Determination of the misapprehension of the legal principle as to the assertion of legal principles 1) Article 16 of the Criminal Act provides that "the act of a person who makes a mistake that his act does not constitute a crime under the Acts and subordinate statutes shall not be punishable only when there are justifiable grounds for such mistake." It does not mean a simple legal site, but it is generally accepted that a crime is committed in general but it does not constitute a crime due to an act permitted by the Acts and subordinate statutes in his/her special circumstances, and it does not punish him/her if there are justifiable grounds for such mistake (see, e.g., Supreme Court Decision 2003Do4128, Apr. 28, 2006). First of all, the defendant's assertion that " insofar as he/she did not obtain a liquor sales license in selling G, and even three times did not notify or explain that a license for a liquor sales business is needed at the time of permission for sale of public property for sale, such as G, the defendant's act constitutes a mistake under the law with justifiable grounds." This cannot be viewed as a mistake under Article 16 of the Criminal Act.
3. Furthermore, even if the Defendant’s assertion was based on the argument that “a license for alcoholic beverage sales business is required in selling ordinary alcoholic beverages, but, in the case of the Defendant, as long as G, which is a local specialty product, was sold in accordance with the permission for use of public property from March-si, the evidence duly adopted and examined by the lower court and the first instance court.”