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(영문) 광주지방법원 2018.03.28 2017노3955
청소년보호법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering that the nature of the instant crime is not good, strict punishment against the Defendant is necessary.

However, considering the fact that the defendant is in depth of his mistake, that the defendant is the first offender who has no criminal history, and that the defendant's age, sex and environment, motive, means and consequence of the crime, etc., and the conditions of sentencing as shown in the argument of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, the court below's punishment is too unreasonable. Thus, the above argument by the defendant is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 59 Subparag. 6 and Article 28 Subparag. 1 of the former Juvenile Protection Act (Amended by Act No. 14446, Dec. 20, 2016) (amended by Act No. 1446, Dec. 20, 201);

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (Punishment to suspend a sentence: Fines of 500,000 won);

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