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(영문) 부산지방법원 2016.06.23 2015노4705
청소년보호법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of the suspended sentence of six months, one year of the community service order, and 80 hours) as to the gist of the grounds of appeal is deemed unreasonable because it is too unfasible.

2. In light of the legislative intent of the Juvenile Protection Act that enables juveniles to grow up into a person with sound character by protecting juveniles from a harmful environment, the Defendant’s criminal liability for selling alcoholic beverages to juveniles without properly verifying his/her identification card is light.

In addition, even though the defendant had already sold alcohol to juveniles more than 1 to 2 months and sold alcohol to juveniles more than 3 times, the fact that the defendant did not confirm the identification card while selling alcohol to juveniles more than 1 to 2 months, etc. is recognized as an unfavorable circumstance to the defendant.

However, in light of the favorable circumstances, such as the fact that the Defendant recognized the instant crime, the fact that there is no record of criminal punishment exceeding the fine, and other factors of sentencing as indicated in the records and theories of the instant case, including the Defendant’s age, sex, environment, and the background of the instant crime, the sentence imposed by the lower court cannot be deemed unfair and unfair.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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