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(영문) 부산지방법원 2013.06.27 2013노1204

청소년보호법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of two million won, confiscation) is too unreasonable.

2. In order to receive a daily allowance of KRW 50,00 from a person who has no record of being punished for the same crime, the Defendant may be considered favorably.

However, taking into account the aforementioned favorable circumstances of the Defendant, the lower court sentenced to a reduction of more than 2.5 million won (2.5 million won, 2012.1 million won, 21047.1 million won, 2012.1.5 million won, and 2012.1.5 million won, 2015.) by taking into account the aforementioned favorable circumstances, and there is no change in circumstances that may be taken into account in sentencing from the case to the case. The act of advertising sexual traffic at a public place including juveniles, such as each of the instant crimes, may cause various social abolitions in a tangible and intangible manner. It is inevitable to punish severe punishment because of the risk of undermining the sound sexual consciousness and personal growth of the juveniles, and the sentencing of the lower court seems to be reasonable by taking into account the motive and background of each of the instant crimes, Defendant’s age, character and behavior, and environment, etc.

3. As such, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the ground that there is no ground for appeal, and the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Rules on Criminal Procedure; “Investigation Report (general)” in the part of “2012,547” among “a summary of evidence” in the judgment below pursuant to Article 25 of the Rules on Criminal Procedure”; and “Investigation Report” in the part of “2013, 1048 of the Juvenile Protection Act on September 15, 2011,” which is an essential element of the crime of violating the Juvenile Protection Act, was duly adopted and investigated by the court below. Further, “The former Juvenile Protection Act (amended by Act No. 11048, Sep. 15, 2011)” as “the former Juvenile Protection Act (amended by Act No. 11048, Sept.