The prosecutor's appeal is dismissed.

1. The statement of the court below that there is credibility in the statement of the court below that the F, before the date of the appeal of this case, shows identification cards and does not contain liquors or tobacco, and that there is no fact that there is no demand for identification cards in the process of purchasing tobacco on the day of this case.

When considering the fact that it conforms to the purpose of the Juvenile Protection Act, in principle, it is possible to fully recognize the fact that the Defendant sold tobacco to F with the awareness that it is a juvenile at the time of the instant case, with the recognition of the fact that it is a juvenile, in the convenience store to which many and unspecified customers run, it is probable that the Defendant sold tobacco to F.

Nevertheless, the court below acquitted the defendant on the grounds that it is difficult to believe the F's statement in the court below. Thus, the court below erred in the misapprehension of legal principles as to mistake of facts or the intent of the Juvenile Protection Act.

2. The summary of the facts charged in the instant case is the owner of convenience stores “E” located in Suwon-gu, Suwon-si.

No one shall sell drugs, etc. harmful to juveniles to juveniles.

Nevertheless, on January 18, 2016, at the above convenience store around 23:32 on January 18, 2016, the Defendant sold to 4,500 won 4,00 tobacco 1-, a drug harmful to juveniles, without confirming identification cards to juvenile F (17 tax and South).

3. The lower court determined as follows, based on the evidence duly adopted and examined by the lower court, that: (i) F was G students; (ii) was not attending a high school at the time of the instant case; and (ii) during the period from October 22, 2015 to December 24 of the instant convenience store, I was not a minor when it confirmed that F was not a minor, while selling tobacco and liquors to F during the period of approximately two months from the date of self-determination to December 24 of the instant year.

(3) The statement of this case