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(영문) 서울남부지방법원 2019.08.20 2018노1377
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 300,00,000 is too unreasonable.

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). It is recognized that: (a) the confession and the mistake of the Defendant constitute a crime; (b) the Defendant did not have the same criminal record; (c) the instant crime was concurrent crimes under the latter part of Article 37 of the Criminal Act; and (d) the economic situation of

However, in light of the legislative intent of the Juvenile Protection Act that enables the protection of juveniles from harmful environments to grow up into a sound character, the liability of the accused who sold the liquor to juveniles cannot be deemed to be weak, and the accused has several times the history of criminal punishment including the suspended sentence of imprisonment for this type of crime, including the Defendant’s age, character and conduct, family relationship, motive and circumstance of the crime, and all of the sentencing factors shown in the records and arguments of this case, such as the Defendant’s age, character and conduct, family relationship, motive and circumstance after the crime, etc., the lower court’s sentencing is too unreasonable, and thus, cannot be seen

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.

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