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(영문) 서울중앙지방법원 2017.11.10 2017노3275
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because it is too unreasonable for the defendant to be sentenced to the punishment (the penalty amounting to 500,000 won) declared by the court below.

2. The judgment of the defendant shows an attitude that the defendant led to the confession of the crime of this case and reflects the defendant in depth, the defendant has no record of criminal punishment in Korea prior to the crime of this case, and the defendant's health status is not good, etc. are favorable to the defendant.

However, the sentencing of the court below seems to have been determined by fully considering these favorable circumstances, and there are no special circumstances or changes in circumstances that may newly consider the sentencing in the appellate court.

In particular, the act of selling alcoholic beverages to juveniles can harm the health of juveniles and encourage escape and delinquency, so it is not easy to see the defendant's wrongness.

In full view of such circumstances and other circumstances as the Defendant’s age, sexual conduct, environment, motive, means, consequence, and circumstances after the commission of the crime, and all of the sentencing conditions indicated in the instant records and theories on changes, the sentence imposed by the lower court is too large and goes beyond the scope of reasonable discretion, even considering all the circumstances alleged by the Defendant.

subsection (b) of this section.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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