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(영문) 광주고등법원 2020.09.17 2020노233
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Circumstances asserted by the Defendant and the Prosecutor as an element of sentencing are already revealed in the proceedings of the lower court’s pleadings, or the lower court appears to have sufficiently taken into account in determining the Defendant’s punishment. There is no particular change in circumstances in the sentencing guidelines and the matters subject to the conditions of sentencing after the lower judgment was sentenced.

Considering the circumstances that the lower court rendered on the grounds of sentencing comprehensively taking into account the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the commission of the crime, and other various sentencing conditions indicated in the instant arguments and records, the lower court’s sentencing against the Defendant is too heavy or unreasonable, given that the lower court’s sentencing was made within the reasonable scope of discretion, given that there are various circumstances that both parties face.

The defendant and prosecutor's argument of unfair sentencing cannot be accepted.

3. The appeal filed by the defendant and the prosecutor is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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