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(영문) 서울남부지방법원 2018.01.26 2016노2544
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The appearance of the misunderstanding F, etc. of facts, too mature, did not at all think that it is a juvenile, and the prosecutor of the identification card thought that G had already conducted an inspection of his identification card because G had been an employee in charge of the table, so the defendant did not have intention to violate the Juvenile Protection Act.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. The defendant alleged the same purport in the judgment of the court below, and the court below rejected the defendant's assertion by stating the reasons in detail in the item "as to the defendant's and his defense counsel's assertion". The judgment of the court below is sufficiently acceptable in comparison with the records, and there is no error of mistake of facts as pointed out by the defendant.

B. In light of the fact that the Defendant had no record of criminal punishment, the background and background of the offense, and all other sentencing conditions shown in the records and arguments of this case, the sentence imposed by the lower court is deemed appropriate and is too unreasonable, and thus, the Defendant’s argument of sentencing is groundless.

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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