성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The prosecutor's appeal is dismissed.
1. Where there is no change in the conditions of sentencing compared to the lower court’s judgment on the prosecutor’s unfair assertion of sentencing, 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 materials for sentencing, and there is no particular change in the conditions of sentencing compared to the lower court.
In addition, comprehensively taking account of the factors of sentencing that are disadvantageous to the defendant, such as the fact that the defendant has led to the confession of all crimes and agreed with the victims, and that there was no record of criminal punishment, etc., the court below’s punishment exceeded the reasonable scope of discretion by putting too unfunied, even if considering the factors of sentencing that are disadvantageous to the defendant, etc.
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 record of sexual assault against the Defendant in determining unjust grounds for exemption from disclosure or notification of personal information, there are special circumstances that should not disclose or notify the personal information of the Defendant.
The decision is judged.
It is justifiable that the court below exempted the defendant from issuing an order to disclose and notify personal information.
We do not accept the prosecutor's argument that the defendant should issue an order to disclose or notify personal information.
3. The appeal by the prosecutor of the conclusion is dismissed on the ground of appeal.