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(영문) 대전지방법원 2013.05.22 2012노2683

청소년보호법위반

Text

The defendant's appeal is dismissed.

Reasons

1. In light of all the circumstances, including the fact that the defendant is against the summary of the grounds for appeal (e.g., e., e., e., 50,000 won), the sentence imposed by the court below is too unreasonable.

2. It is recognized that the judgment is against the Defendant, the primary offender, etc.

However, the Defendant’s act of selling alcoholic beverages to juveniles without checking the age through the resident registration certificate is required to strictly punish the juveniles as being exposed to harmful drugs. The juveniles who were the juveniles at the time of the instant case were the age from 15 to 16 years old, taking full account of all the circumstances, such as the Defendant’s age, character, environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is deemed reasonable and too unreasonable on the grounds that the Defendant’s act of selling alcoholic beverages to juveniles without checking the age through the resident registration certificate is deemed to hinder their sound growth. The Defendant’s aforementioned assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

[However, the application of the laws and regulations in the judgment of the court below is obvious that it is a clerical error in the former Juvenile Protection Act (amended by Act No. 11048, Sep. 15, 201). Thus, the ex officio correction is made pursuant to Article 25(1) of the Rules on Criminal Procedure.]