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(영문) 인천지방법원 2013.09.06 2013노1432
청소년보호법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of 300,000 won) is too unreasonable.

2. The crime of this case was committed by the defendant at the place of business where the defendant was operated and thereby undermining his sound growth. The crime of this case was committed in light of the legislative intent of the Juvenile Protection Act to protect juveniles from various harmful environments including harmful acts so that juveniles can grow into sound character. However, if the defendant generally repents and reflects his wrong, the defendant was a person who inspected his identification card when visiting the juvenile's day before the day (the presentation of identification card of the adult he acquired at the time) and the other behaviors were perceived to be adult, and the defendant did not confirm his identification card separately on the ground that the above juveniles got out of the place of business, and the degree of the crime was relatively weak, and the defendant's age, character and behavior, environment, criminal records, circumstances after the crime, etc., and the sentencing conditions stated in the arguments and records of this case are somewhat inappropriate. Thus, the court below's assertion that the defendant's punishment is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Article 51 Subparag. 8 and Article 26 of the former Juvenile Protection Act (wholly amended by Act No. 11048, Sept. 15, 201) regarding criminal facts and the selection of punishment.

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