청소년보호법위반
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. On February 19, 2013, the Defendant was dissatisfied with the lower judgment and filed an appeal on February 19, 2013, and was served on March 19, 2013 on the notification of the receipt of the trial records on March 19, 2013, but did not submit the statement of grounds for appeal within 20 days, but
The crime of this case is against the legislative intent of the Juvenile Protection Act, which aims to protect and relieve juveniles from harmful environments so that juveniles can grow into healthy character, and thus, the nature of the crime is not good.
However, there are relatively minor circumstances such as the defendant's degree of crime, the fact that the defendant's mistake is recognized and seriously reflects the defendant, and that the defendant does not have any particular criminal record, in addition to the one-time fine.
In this context, considering the various circumstances shown in the records and arguments, the sentence imposed by the court below on the defendant is somewhat inappropriate.
2. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is decided as follows.
Criminal facts
The summary of the facts charged and the evidence recognized by the court are as stated in the corresponding column of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 51 subparagraph 8 of the Juvenile Protection Act and Article 26 (1) of the former Juvenile Protection Act (wholly amended by Act No. 11673, Mar. 22, 2013);
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;