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(영문) 전주지방법원 2014.09.19 2014노737
청소년보호법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The lower court’s punishment (three million won of fine) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In full view of the circumstances unfavorable to the Defendant, including the fact that the Defendant had been sentenced to a fine twice without filing a business report without filing a business report, and continuously operated the packaging horse without filing a business report, and the fact that it was controlled as in the instant case, etc., it appears that there are some circumstances to consider the Defendant’s recognition of a crime, the circumstance that the Defendant did not report the business, and the circumstance that he did not report the business, and other circumstances that form the condition for sentencing as in the instant case, including the Defendant’s age, character and behavior, environment, family relationship, and the circumstances after the crime, the lower court’s punishment is somewhat inappropriate, and thus, the allegation of unfair sentencing by the Defendant and his defense counsel is reasonable.

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 with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized 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. Relevant legal provisions concerning criminal facts, Articles 59 subparagraph 6 and 28 (1) of the Juvenile Protection Act (a point of selling juvenile alcoholic beverages), Articles 97 subparagraph 1 and 37 (4) of the Food Sanitation Act (a point of selling juvenile alcoholic beverages), and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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