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(영문) 인천지방법원 2014.11.26 2014노2815
청소년보호법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

The prosecutor asserts that the sentence of the court below is too uneasible and unreasonable as the grounds for appeal of this case.

In full view of all the sentencing conditions shown in the records and arguments of this case, and the fact that the juvenile is placed in a kis room, which is a juvenile harmful business establishment, and the defendant has a criminal record similar to this case, the sentence of the court below is too uneasible and unfair.

Therefore, since the prosecutor's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the 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 facts constituting an offense, Article 19 (1) 1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., Article 58 subparagraph 4 of the Juvenile Protection Act and Article 29 (1) of the same Act, the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act (including the fact that a person has no criminal record of imprisonment without prison labor or heavier punishment);

1. Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act;

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