성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Defendant
In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.
1. There is no change in the conditions of sentencing compared to the lower court’s determination on the unfair argument of sentencing by both parties, and where the lower court’s sentencing does not deviate from the reasonable scope of discretion, it should be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no particular change in the conditions of sentencing compared to the lower court’s determination on the grounds that the new materials of sentencing were not submitted in the instant case
In addition, even if all of the factors of sentencing revealed during the oral argument are gathered, it is difficult to conclude that the sentencing of the court below is too heavy or it goes beyond the reasonable scope of discretion.
All the arguments of the defendant, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") and the prosecutor disputing the propriety of the sentencing of the court below cannot be accepted.
2. As long as the defendant and the prosecutor appealed with respect to the case for which the attachment order is requested, it shall be deemed that the defendant and the prosecutor appealed with respect to the case for which the attachment order is requested pursuant to Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Devices Attachment, Etc.
However, there is no indication of the grounds for appeal regarding the case of request for attachment order in the petition of appeal or the reason for appeal submitted by the defendant and the prosecutor, and even if examining the judgment below, there is no ground for reversal after investigating it ex officio.
3. Conclusion, the appeal filed by the Defendant and the Prosecutor is dismissed for all reasons.