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(영문) 부산고등법원 (창원) 2015.09.02 2015노221

강요등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (such as imprisonment with prison labor for three years, five years of suspended execution, etc.) declared by the court below is deemed to be too unhued and unfair.

2. The lower court’s sentencing (as stated in detail in the 5 and 6th sentence of the lower judgment) is justifiable in light of the following: (a) statutory punishment for the offense of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the term of imprisonment with prison labor or the term of imprisonment with prison labor for not less than five years); (b) the applicable sentencing guidelines; (c) other sentencing guidelines; and (d) other additional sexual assault crimes except coercion using virtual space; and (e) precedents regarding the appellate court’s sentencing judgment (Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015), and there is insufficient grounds to regard this case as a type in which it must be chosen, and a suspended sentence is not possible to choose, and even if the additional sentencing materials are added from the appellate court, it is too less that it should be reversed.

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