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(영문) 광주지방법원 2018.09.12 2018노1882

청소년보호법위반

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. The crime of this case requires strict punishment against the defendant when considering the fact that the defendant sold liquor to juveniles and the nature of the crime is not good.

However, considering the Defendant’s age, sex and environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment is too unreasonable, as it is acknowledged that the Defendant’s above assertion is too unreasonable, given that the Defendant’s punishment is too unreasonable, in light of the following factors: (a) the Defendant’s initial crime without any criminal history; (b) the instant crime was committed once more; (c) the Defendant’s age, sex and environment; (d) the motive, means and consequence of the instant crime; and (e)

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 59 of the relevant Act and Articles 59 subparagraph 6 and 28 (1) of the Juvenile Protection Act, the selection of fines for criminal facts, and the selection of fines;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (Punishment to suspend a sentence: Fines of 700,000 won);