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(영문) 서울중앙지방법원 2015.11.27 2015노3302
청소년보호법위반
Text

The judgment of the first instance is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal (e.g., 50,000 won of fine) of the first instance sentencing against the accused is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant is against the judgment; (b) the Defendant provided education to J as to the age verification; (c) the Defendant was working in the main room; and (d) the J received orders from the juveniles; (b) the degree of involvement of the Defendant is minor by placing orders on the second floor of the main room; and (c) the Defendant operated the main points of this case from around 1998, and there has been no history of punishment until now; and (d) other circumstances that are conditions for sentencing as indicated in the records, such as the Defendant’s age, character and behavior, environment, family relationship, and circumstances after the crime, the first instance sentencing against the Defendant seems to be too unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered through pleading

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 59 of the Juvenile Protection Act applicable to the relevant criminal facts, and the selection of fines and fines under Article 28 (1), subparagraph 4 (a) of Article 2 of the Juvenile Protection Act and subparagraph 6 of Article 2 of the same Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Suspension of sentence: Article 59 (1) of the Criminal Act (the punishment to be postponed: fine of 500,000 won, detention in a workhouse: 100,000 won per day, and the reasons stated in the judgment No. 2);

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