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(영문) 인천지방법원 2012.12.14 2012노2909
청소년보호법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the summary of the grounds for appeal of this case, the sentence of the lower court against the Defendants (Defendant B and F: 8 months of imprisonment, 2 years of suspended execution, 8 months of imprisonment, 8 months of suspended execution, 2 years of suspended execution, 8 months of suspended execution, 80 hours of social service, 80 hours of social service) is too unreasonable.

2. Determination

A. Defendant B, F, and F recognize all crimes and reflects their wrongness, Defendant B had no record of crime exceeding the same criminal history or fine, and Defendant F was the primary offender, etc. favorable to the above Defendants.

However, the crime of this case was committed by Defendant B and F, while running an entertainment drinking house, by having the juvenile drink with the guest who found him, sing, dance, etc. It is highly likely that the crime of this case is committed in that the juvenile who provided the entertainment drinking is not less than 13 years to 14 years of age. In particular, in the case of juvenile entertainment activities such as the crime of this case, the statutory punishment is limited to imprisonment for not more than 10 years, so it cannot be punished by a fine. In full view of the various sentencing conditions as shown in the records and arguments, it is not recognized that Defendant B and F’s punishment is too unreasonable.

B. Defendant AD, AE, and AE recognize all crimes and reflects their mistakes, and Defendant AD has no record of punishment beyond the fine, as well as the same criminal records, and Defendant AE agreed by the method of compensating for damages to the victim. The fact that the victim expressed his intention to obstruct the above Defendants is favorable to Defendant AD and AE.

However, the crime of this case is against AK and V, the defendant AD and AE are other accomplices.

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