The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal that the court below rendered is too unreasonable to impose a fine of 500,000 won.

2. The judgment of the court below is acknowledged to have sold tobacco without confirming the identification card to D who is merely 12 years of age, but it is also acknowledged that D sells tobacco without confirming the identification card to D. However, D used for ring and masc and demanded D to sell tobacco, and the Defendant’s false resident registration number and name is in the process of being reissued by losing his identification card upon the Defendant’s demand to present his identification card, and the Defendant’s sale of tobacco was not always launched, and in light of the contents of the report immediately after the Defendant sold tobacco to D, it is deemed that the Defendant was willingly deceiving the Defendant as alleged by the Defendant, and that the Defendant did not have any previous conviction, and that the Defendant violated the Defendant’s depth of the crime of this case and confirmed the identity of the tobacco purchaser. Considering the circumstances that the Defendant started to sell tobacco, the Defendant’s number of tobacco sold to D and profits derived therefrom, Defendant’s age, character and behavior, environment, motive, means, result, etc., it is unreasonable to deem the judgment of the court below to be too unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is reasonable, and the judgment

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court of original instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, and Articles 59 subparagraph 6 and 28 (1) of the Juvenile Protection Act which choose a penalty;

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70 and 69(2) (50,000 won per day) of the Criminal Act for the detention of a workhouse.