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(영문) 서울북부지방법원 2016.04.14 2015노1809
청소년보호법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (the suspended sentence of KRW 300,000) on the gist of the grounds of appeal is deemed to be too uneasible and unfair.

2. If the accused sells alcoholic beverages without verifying the age of three juveniles and considering the significant nature of the offense, it is necessary to strictly punish the accused.

However, in full view of the fact that the Defendant recognized the instant crime and depth, there is no record of criminal punishment for the same kind of crime, and other factors of sentencing as shown in the records and arguments, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentencing is too uneasible and unreasonable.

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

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