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(영문) 대전지방법원 2014.08.13 2014노254
청소년보호법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

The summary of the grounds for appeal (e.g., punishment of a fine of 300,000 won) sentenced by the court below is too unreasonable.

Judgment

The purpose of the crime of this case is to regulate the distribution of harmful media materials, drugs, etc. to juveniles and access harmful businesses and protect and rescue juveniles from harmful environment so that juveniles can grow into healthy character. The purpose of the provisions on the Juvenile Protection Act is to confirm thoroughly those suspected of juveniles and not sell harmful goods to juveniles. Thus, the defendant's failure to perform the above duties is disadvantageous to the above.

However, at the time of the instant crime, there were many other customers at the restaurant at the time of the instant crime, and there are circumstances that the Defendant would have failed to think of whether the D et al. ordered the alcohol was a juvenile, and that the Defendant would not sell alcoholic beverages again, contrary to his mistake, in addition to his previous convictions, the Defendant would not have been previous and previous, in addition to the one-time fine, and if the Defendant is sentenced to a fine, the restaurant that the Defendant worked as an employee would have suffered considerable financial loss due to the disposition of business suspension. In full view of all other circumstances, the lower court’s punishment is too unreasonable, taking into account all the circumstances that form the conditions of the instant sentencing as shown in the record, such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

(b).

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