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(영문) 수원지방법원 2013.08.20 2013노2043
청소년보호법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the purport of the grounds of appeal that the crime of this case was committed while operating a business establishment prohibited from employing juveniles, etc., the lower court’s delay of sentencing a fine of one million won to the Defendant is deemed unreasonable.

2. In light of various circumstances, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime committed in this case, it cannot be deemed that the suspension of the sentence of the fine by the lower court is excessive compared to the Defendant’s act, taking into account the following factors: (a) the Defendant was the first offender; (b) the Defendant was the Defendant’s youth, for about four months after the date of the crime in this case; (c) F was the age eligible for employment after the lapse of four months; and (d) F was the Defendant’s employment upon the Defendant’s written consent, even at the college enrollment fee; and (d) the Defendant requested employment with the written consent from the person with parental authority.

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

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