logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.06.27 2012노3601
청소년보호법위반등
Text

Of the judgment of the court below, the part concerning Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

. Prosecutors;

Reasons

1. Summary of grounds for appeal;

A. The sentencing of Defendant A (the first instance judgment: imprisonment with prison labor for a year and February, and the second instance judgment: imprisonment with prison labor for a period of six months) is too unreasonable.

B. The first sentencing of the lower court against the Defendants by the prosecutor (one year and two months of imprisonment; eight months of suspended sentence; two years of suspended sentence; four months of imprisonment; two years of suspended sentence); and two years of suspended sentence) is deemed to be too uneasy and unreasonable.

2. Of the judgment below's ex officio determination on the part concerning Defendant A among the judgment of the court below on the part concerning Defendant A, the court below sentenced the part concerning Defendant A ex officio, 1, 2 to one year and two months of imprisonment and six months of imprisonment. Defendant A filed an appeal against the judgment of the court of first instance, and the prosecutor filed an appeal against the judgment of the court of first instance, and the court of second instance decided to concurrently deliberate on the above two appeals. As such, each of the judgment of the court below against Defendant A is a concurrent crime under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence pursuant to Article 38 (1) of the Criminal Act. In this regard, the part concerning Defendant A among the judgment of the court of first instance as to Defendant A cannot be exempted from all reversal.

3. The crime of this case on the prosecutor’s assertion of unfair sentencing against Defendant I and J is an employment of a juvenile for profit and let him provide entertainment services, and the nature of the crime cannot be deemed to be less than that of the above defendants. However, considering the fact that the above defendants are under the time of and against the crime of this case, there are no criminal records or criminal records of suspended execution or more due to the same crime, and the above defendants’ age, character and conduct, circumstances leading to the crime of this case, and results, and various sentencing conditions as shown in the records and arguments of this case, such as the circumstances before and after the crime, it cannot be deemed that the sentence of the court below is too unreasonable.

4. In conclusion, the prosecutor's appeal against Defendant I and J is without merit and Article 364 of the Criminal Procedure Act.

arrow