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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: D, a juvenile, did not order food and drink and accompanied G was ordered, and the calculation was calculated by the father of D.
D In addition, although D stated that he/she has her drinking alcohol 1 breath and beer, D did not drink alcohol at the time, and the police did not entirely conduct the drinking test on D.
In other words, there is an error in the judgment of the court below that found the defendant guilty on the basis of D's statement even though a minor who only sold alcoholic beverages to adults and did not drink alcoholic beverages.
2. Determination
A. Article 1 of the Act on the Protection of Juveniles provides that “The purpose of the Act is to enable juveniles to grow into the body of good character by regulating the distribution of media, water, drugs, etc. harmful to juveniles and their access to harmful business establishments and by protecting juveniles from harmful environment.” Article 4(2) of the Act provides that “a person who carries on the business of distributing media, water, drugs, etc. or who carries on the business of operating harmful to juveniles and organizations and associations consisting of persons who carry on the business of operating harmful to juveniles shall not distribute media, water, drugs, etc. harmful to juveniles, etc. harmful to juveniles, and shall make every effort to protect juveniles by preventing them from employing juveniles or accessing harmful business establishments harmful to juveniles.”
Article 28(1) and (3) of the Juvenile Protection Act prohibits the sale of drugs harmful to juveniles, such as alcoholic beverages, etc. to juveniles, and imposes an obligation on a person who intends to sell drugs harmful to juveniles to verify the age of the other party (Article 28(1) and (3) of the Juvenile Protection Act). In light of the content of the Juvenile Protection Act and the legislative intent of the Juvenile Protection Act, the said provision is applicable to the business owner and employees of a business establishment that sells drugs harmful to juveniles for the protection of juveniles.