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(영문) 서울중앙지방법원 2013.09.06 2013고단4059
청소년보호법위반등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. The Defendant distributed media products harmful to juveniles to juveniles on June 12, 2013, at around 23:20 on June 12, 2013, sold the leaflet 20, stating “Dcars, 39,000 won, and E” at the crosswalks of Gangnam-gu Seoul, Gangnam-gu Seoul, to a public place where the general public pass.

2. The Defendant, without obtaining a motorcycle driver’s license, was driving FOba in the section of approximately 200 meters from the road near the hill station in Gangnam-gu Seoul, Seoul, to the road front of the same arine hotel, without obtaining a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Entry into the records of seizure and the list of seizure;

1. Application of each of the Acts and subordinate statutes listed in the investigation report (verification of suspectless licenses), investigation report (Attachment No. 2010-34 to the Ministry of Gender Equality and Family notice);

1. Relevant legal provisions concerning facts constituting an offense, Article 59 subparagraph 4 of the Juvenile Protection Act, Article 19 (1) of the Juvenile Protection Act (Distribution of Media Products Harmful to Juveniles, Selection of Imprisonment) and Articles 154 subparagraph 2 and 43 of the Road Traffic Act;

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

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

1. In light of the fact that the reason for sentencing under Article 62(1) of the Criminal Act (i.e., favorable circumstances that are considered as the reason for sentencing following the suspended sentence) even though the defendant had a record of having been sentenced to punishment of fines for the same kind of crime several times, once again commits each of the instant crimes within a short time, it is inappropriate to punish him/her as a fine, and the punishment corresponding to the nature of the relevant crime

However, the defendant did not have any record of being sentenced to a suspended sentence or heavier punishment for a crime of the same kind, and considering favorable circumstances such as the confession of a crime, and taking into account all the circumstances shown in the arguments of this case, such as the defendant's age, character and conduct, environment, and motive of a crime, the punishment is imposed as ordered.

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