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(영문) 수원지방법원 2013.10.17 2013노2276

청소년보호법위반

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (a fine of KRW 700,000) is too unreasonable.

2. It is recognized that the judgment is against the defendant and the defendant has no record of criminal punishment.

However, considering the legislative intent of the Juvenile Protection Act that aims to protect and protect juveniles from harmful environments in order for them to grow into healthy character, the punishment of the crime of this case is not weak, and the punishment of the court below is too unreasonable in light of all the sentencing conditions including the defendant's age, character and conduct, environment, etc., including the fact that the defendant sold alcoholic beverages to juveniles during late night hours and the transfer of alcoholic beverages sold to juveniles.

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

[However, Article 59 Subparag. 6 and Article 28(1) of the Juvenile Protection Act (amended by Act No. 11673, Mar. 22, 2013) of the former Juvenile Protection Act (amended by Act No. 11673, Mar. 22, 2013) is amended pursuant to Article 25(1) of the Rules on Criminal Procedure.