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(영문) 인천지방법원 2013.06.14 2013노1071
청소년보호법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The lower court’s imprisonment with labor for ten months is too unreasonable in light of the substance of the grounds for appeal in this case’s sentencing conditions.

2. In light of the purpose of legislation of the Juvenile Protection Act, the crime of violation of the Juvenile Protection Act, which helps the juveniles to be provided with entertainment, is bad in terms of the nature of the crime. The crime of violation of the Employment Security Act, which is committed in the course of operating the term “news” in the name of the Defendant, provided female entertainment reception reception workers and received some of the service fees from them as job placement costs, and the crime is disadvantageous to the Defendant. The crime of violation of the Employment Security Act, which is committed in this case, is committed against the Defendant.

However, in full view of the following factors: (a) the Defendant recognized all of the instant offenses; (b) the Defendant violated his or her mistake; (c) the Defendant did not have any criminal records exceeding the same kind and fine; (d) the Defendant was detained for more than two months; and (e) the Defendant appears to have an opportunity to reflect his or her fault; and (e) the equity in sentencing with the same or similar incidents; and (e) the Defendant’s age, family environment, and circumstances after the crime, etc., the lower court’s punishment against the Defendant is somewhat unreasonable

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. A juvenile for profit under Article 49-3 and subparagraph 2 of Article 26-2 of the former Juvenile Protection Act (Amended by Act No. 11048, Sep. 15, 201) who intends to choose the pertinent legal provisions and punishment on criminal facts.

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