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(영문) 광주고등법원 2017.09.28 2017노268
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
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 original judgment on the prosecutor’s unfair assertion of sentencing, and the sentencing of the original judgment 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 materials for sentencing, and there is no particular change in the conditions of sentencing compared to the original judgment.

In addition, comprehensively taking account of the sentencing conditions shown in the records and arguments, such as the fact that the defendant recognized the crime and agreed with the victim that the injured person does not want the punishment of the defendant, and that there is no record of the punishment heavier than the suspension of execution, etc., the victim who is the disabled person is forced to commit an indecent act and the nature of the crime is not good, etc., even if considering the sentencing factors unfavorable to the defendant, the sentence of the court below is too unfilled so that

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.

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