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(영문) 대전지방법원 2017.09.28 2016노3058
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) (the Defendant’s defense counsel asserted unfair sentencing to the effect that “the Defendant’s punishment is too heavy,” in the statement of reasons for appeal on May 12, 2017, the Defendant’s defense counsel. However, this cannot serve as a legitimate grounds for appeal (the period for submitting an appeal to the Defendant is calculated from the date on which the Defendant was notified of the receipt of court records, regardless of whether the Defendant was appointed a national defense counsel), and even if ex officio examination is conducted, the lower court determined a punishment within a reasonable scope by sufficiently taking into account all the circumstances regarding the sentencing of the Defendant, and cannot find any circumstances that may be newly considered in the trial. Thus, the lower court’s punishment is too heavy

subsection (b) of this section.

The Defendant provided thorough education to E, who is an ordinary employee, to the effect that “A juvenile under the age of 19 must not have access to the juvenile who is under the age of 19 without any consent from him/her.” In order to prevent a violation of the Juvenile Protection Act, the Defendant has exercised due care and supervision over the relevant duties.

2. In light of the principle of self-responsibility of punishment, it is reasonable to view that the above two punishment provisions apply only to a case where a corporation neglected the duty of considerable attention or supervision in relation to the business of violation. In a specific case, the issue of whether a corporation neglected the duty of considerable attention or supervision is related to the violation in question, namely, all circumstances related to the violation in question, namely, the legislative purport of the relevant law, the degree of infringement of the legal interest anticipated to violate the penal provisions, the purport of preparing both punishment provisions concerning the violation, as well as the specific form of the violation and the degree of damage or result actually caused thereby, the possibility of supervising or supervising the corporation's business size and the offender, and the measures actually taken by the

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