beta
(영문) 광주고등법원 2017.08.31 2017노218

강제추행치상등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In a case where there is no change in the conditions of sentencing compared to the judgment of the court below on the prosecutor’s unfair assertion of sentencing, and the sentencing of the court below is not beyond 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 data on sentencing, and there is no change in the conditions of sentencing compared to the

In addition, comprehensively taking account of the circumstances unfavorable to the defendant, including the fact that the defendant led to the confession of the crime and the fact that the defendant suffered from the defendant had no record of criminal punishment, etc., the circumstances of the crime committed in favor of the defendant, such as the poor circumstances and the state of the crime, and the fact that the defendant did not receive a letter from the injured party, etc., the sentence of the court below exceeded the reasonable scope of discretion as it is excessively flick

shall not be deemed to exist.

We do not accept the prosecutor's argument that the sentencing of the court below is unfair.

2. In full view of various circumstances revealed by the lower court, such as the fact that there is no history of sexual assault against the Defendant to determine whether to exempt the disclosure or notification of personal information, there is a special reason that the disclosure or notification of personal information of the Defendant should not be made.

The decision is judged.

It is justifiable that the court below exempted the defendant from issuing an order to disclose and notify personal information.

This part of the Prosecutor's argument is not accepted.

3. The appeal by the conclusion prosecutor is dismissed for reasons.