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(영문) 대전지방법원 2018.12.19 2018노1174

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (exemption from punishment) is too unhutiled and unreasonable.

2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance court 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). The lower court determined a punishment within a reasonable scope by fully taking into account the overall circumstances regarding the sentencing of the Defendant into account, and there is no circumstance to be newly considered in the first instance court, and in full view of all other circumstances, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to be excessively unfilled and so far as it deviates from the reasonable scope of discretion.

3. As such, the prosecutor’s appeal is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Provided, That pursuant to Article 25 of the Regulation on Criminal Procedure, “the defendant was sentenced to imprisonment with prison labor for eight months at the Cheongju District Court on July 7, 2017 due to a violation of the Punishment of Violences, etc. Act (joint injury) at the Cheongju District Court on July 7, 2017,” and “the defendant was sentenced to eight months of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (joint injury) at the Cheongju District Court on July 7, 2017,” and “the search and judgment of this case [Cheongju District Court 2016 Goju District Court 2144, 2017 Goju District Court 205, 418, 461, 508, 645, 682, 297 No.