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(영문) 대전지방법원 2016.08.11 2016노702
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant is against his/her wrong and that the defendant has no past record of criminal punishment.

However, in light of the legislative intent of the Juvenile Protection Act that enables juveniles to grow up into healthy personality by protecting juveniles from harmful environment, there is an unfavorable circumstance against the Defendant, such as the fact that the Defendant’s liability for the crime of selling liquor to juveniles without verifying his/her identification card is not less than that against the Defendant. In addition, comprehensively taking account of all kinds of sentencing conditions such as the Defendant’s age, sexual behavior, environment, motive, means and consequence, etc., the sentence of the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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