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(영문) 수원지방법원 2018.05.03 2017노9658
청소년보호법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The lower court’s sentence (a fine of KRW 400,00,000) against the Defendants on the summary of the grounds of appeal is deemed to be too unfilled and unreasonable.

2. In light of the legislative purpose of the Juvenile Protection Act to protect juveniles from harmful environment and grow up to be sound character, the Defendants should be punished strictly.

However, in full view of all the factors indicated in the arguments of this case, including the Defendant A’s age, sexual conduct, environment, and circumstances leading up to the crime, etc., the sentence of the lower court is too unfeasible and unreasonable, and thus, is not recognized as unfair, in light of the following: (a) there was no history of punishment for about 15 years after Defendant A was punished as a violation of the Juvenile Protection Act; (b) Defendant B was the primary offender; and (c) the Defendants appears

Therefore, prosecutor's assertion is without merit.

3. The appeal against the Defendants by the public prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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