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(영문) 서울북부지방법원 2016.09.22 2016노1158
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (an amount of KRW 500,000) on the gist of the grounds of appeal is too unreasonable.

2. Although there are circumstances to consider the grounds for appeal in light of the legislative purport of the Juvenile Protection Act, such as the fact that the defendant was dead to commit the instant crime and repented, and that there was no record of being punished for the same kind of crime, in light of the legislative purport of the Juvenile Protection Act that intends to protect the juveniles from a harmful environment so that the juveniles grow into a healthy personality body, the defendant’s liability for committing a crime that sells the alcoholic beverages to the juveniles is not provided without properly verifying his/her identification card, and there is no special circumstance or change of circumstances that may be newly considered in the sentencing after the decision of the court below, and other various circumstances that are conditions for sentencing as shown in the records and arguments, such as the defendant’s age, sexual behavior, environment, motive and circumstance of the crime, means and consequence after the decision of the court below, are equally examined, the sentencing of the court below is determined within a reasonable and appropriate scope, and it is not determined

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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