(영문) 인천지방법원 2017.10.27 2017노1971 | 리걸엔진

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(영문) 인천지방법원 2017.10.27 2017노1971

청소년보호법위반

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The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (700,000 won) is too unreasonable.

2. The Defendant’s responsibility for selling alcoholic beverages to the judged juveniles is not exceptionally applied.

However, considering the fact that the defendant's mistake is recognized and against the defendant, there is no criminal punishment against the defendant who was 51 years old at the time of committing the crime, that the defendant who operated a small restaurant, and that the defendant who lives with her husband and her father and her father and her mother does not repeat the crime, it is clear that the opening and social relationship is evident, and that the defendant seems to operate the business of this case from around 2010 to the point of view that there is no violation prior to this case, and all other sentencing conditions of the defendant's age, sex behavior, environment, circumstances after committing the crime, etc., as well as all other sentencing conditions of this case, such as the records and changes after the crime, it is deemed unfair that the court below's sentence imposed by the defendant is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered after pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 59 subparagraph 6 of the relevant Act and the main sentence of Article 28 (1) of the Act on the Protection of Juveniles who have electively been sentenced to a punishment for an offense (elective of a punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act (one day per fine, 100,000 won);

1. Article 59(1) of the Criminal Act (see, e.g., Supreme Court en banc Decision 201Da11166

1. Penalty of a suspended fine of 700,000 won; and

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