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(영문) 광주고등법원(제주) 2020.12.23 2020노85
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

The guilty part of the judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

(b) the defendant;

Reasons

1. The lower court rendered a judgment of innocence on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, among the part of the Defendant case, on the charge of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, on the charge of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, rendered a judgment of conviction on the charge of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and rendered a judgment of conviction on the charge of the violation of the Act on the Protection

Therefore, the non-guilty part of the judgment of the court below among the defendant's case was separated and finalized as it is, and Article 9 (8) of the Act on the Installation, etc. of Electronic Devices has no interest in appeal with respect to the claim for attachment order, and the part concerning the claim for attachment order among the judgment of the court below is excluded from the scope of this court's trial.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum of three years and short of two years) imposed by the lower court is too unreasonable.

3. According to the records of ex officio determination, although the Defendant was sentenced to an irregular term on the ground that X-born was “juvenile” under Article 2 of the Juvenile Act at the time the judgment of the lower court was rendered, it is apparent that the Defendant became 19 years of age and did not constitute “juvenile” under the Juvenile Act when the judgment of the lower court was rendered.

Therefore, among the defendant's cases of the judgment of the court below which sentenced the non-guilty sentence on the ground that the defendant is a juvenile under the Juvenile Act, the guilty portion cannot be maintained any

4. Accordingly, the part of the judgment below's conviction among the defendant's case is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the above part is reversed, and it is again subsequent to the oral argument.

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