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(영문) 의정부지방법원 2013.08.07 2013노598
청소년보호법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (Suspension of sentence: fine of 500,000 won) is too unhued and unfair.

2. Determination: (a) there are circumstances that may take into account some of the motive and circumstances of the instant crime; (b) there are no criminal records identical to or beyond the fine; (c) even if the Defendant was not sentenced, the Defendant would not be sentenced to a punishment; and (d) it seems obvious that the Defendant would not be subject to a punishment again; and (d) other circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, the motive, background, means and consequence of the instant crime, the circumstances after the instant crime, and criminal records, etc., which are the conditions for the instant punishment, are considered, and thus, the prosecutor’s assertion is without merit, as the sentence imposed by the lower court is deemed appropriate and too unreasonable.

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.

[However, in the reasoning of the lower judgment, the phrase “juvenile Protection Act” in the “application of the Act and subordinate statutes” refers to a clerical error in the former Juvenile Protection Act (wholly amended by Act No. 11048, Sept. 15, 201 and enforced September 16, 201), and thus, the ex officio correction is made pursuant to Article 25(1) of the Rules on Criminal Procedure.

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