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(영문) 광주지방법원 2015.06.11 2014노2452

청소년보호법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (the suspended sentence of a fine of KRW 700,000) is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance that the defendant sold alcohol to D who is 15 years of age and regulated the distribution of drugs harmful to juveniles, and that there is a strict punishment in light of the legislative intent of the Juvenile Protection Act to protect and relieve juveniles from a harmful environment.

However, in light of the favorable circumstances, such as the fact that the defendant's mistake is divided and contradictory to himself, the defendant examined the identification card of E, the fact that D, the patient uniform, seems to have been mistaken for the same kind of crime, and that there has been no past record of punishment so far, and considering all kinds of sentencing conditions in the instant case, such as the defendant's age, character and conduct, environment, circumstances and result of the instant crime, etc., the court below's punishment is too uneasible and unfair. Thus, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, it is evident that the “Juvenile Protection Act” of the 6th sentence above is a clerical error in the “Juvenile Protection Act” of the former Juvenile Protection Act (wholly amended by Act No. 12534, Mar. 24, 2014 and enforced September 25, 2014). Thus, it shall be corrected in accordance with Article 25 of the Rules on Criminal Procedure.