성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
All appeals by the defendant and the prosecutor are dismissed.
1. Where there is no change in the conditions of sentencing compared to the lower court’s judgment on the unfair argument of sentencing by both parties, and the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). This court did not submit new sentencing data, and there is no change in the conditions of sentencing compared to the lower court.
In addition, in full view of the circumstances unfavorable to the defendant, including the fact that the defendant, who is an apartment security guard, commits an indecent act against the victim suffering from mental disorder, and that the defendant committed a crime with the trust of the resident, etc., and that the defendant, who is an apartment security guard, committed the crime before this court, and the defendant led to the confession of the crime, and the degree of the defendant's attempted to use it, and there is no criminal record and no criminal punishment record, the court below's punishment exceeded the reasonable scope of discretion and the sentencing conditions shown in the
shall not be deemed to exist.
All the arguments of the defendant and the prosecutor that the sentencing of the court below is unfair are rejected.
2. There are special circumstances in which the disclosure of the personal information of the defendant should not be made in light of the various circumstances indicated by the lower court, including the fact that the defendant had no record of sexual assault, etc. in determining unfair grounds for exemption from disclosure disclosure order
Recognized.
We affirm the judgment of the court below to the same purport.
This part of the Prosecutor's argument is not accepted.
3. Conclusion, the appeal filed by the Defendant and the Prosecutor is dismissed as all are without merit.