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(영문) 인천지방법원 2017.10.18 2017노2636
청소년보호법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment that the court below sentenced to the defendant (unfair sentencing on the guilty part) (3 million won) is too unreasonable.

B. As to the violation of the Juvenile Protection Act by the prosecutor (misunderstanding of the facts as to the acquittal portion), in full view of the E’s statements, M, N’s statements, and part of the Defendant’s statements, there was a perception that the Defendant was not able to have any other choice but any other juvenile who is married with the Defendant.

It is reasonable to view it.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. Considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even in light of the circumstances asserted by the Defendant on the grounds of appeal.

B. The lower court, based on the evidence submitted by the prosecutor, determined that the Defendant engaged in business activities that disrupt public morals by making male and female juveniles familiar with “D” alone.

This part of the charges was acquitted on the ground that there is insufficient evidence to acknowledge it and there is no other evidence to acknowledge it.

In light of the evidence duly adopted and examined by the court below and the reasoning of the court below, the above judgment of the court below is just.

Therefore, the prosecutor's assertion that the judgment of the court below that acquitted the facts charged is erroneous and adversely affected the conclusion of the judgment is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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