logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.12.11 2017노2734
청소년보호법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (an amount of KRW 500,000) is too unreasonable.

2. In light of the following: (a) the Defendant appears to have been making efforts to avoid illegal acts, such as returning the pertinent juveniles who did not present an identification card at first; (b) the Defendant has no record of criminal punishment as well as having been punished by violence in 199 and 2002; (c) the confession of the crime; and (d) other factors of sentencing as indicated in the records, such as the background of the crime; (b) the circumstances after the crime; and (c) the Defendant’s age and sexual behavior, the sentence of the lower court is too unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each 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 Act on the Protection of Youth from Crimes and the Selection of Fines

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. Article 59 (1) of the Criminal Act (Reasons for reversal of sentence) of the suspended sentence;

arrow