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(영문) 광주고등법원 2017.12.07 2017노372
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. In a case where there is no change in the conditions of sentencing, compared to the lower court’s determination on the prosecutor’s unfair assertion of sentencing, and where 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 has no particular change in the conditions of sentencing compared to the lower court’s determination, as the new sentencing data

In addition, considering the following circumstances: (a) the Defendant and the requester for an attachment order (hereinafter “Defendant”) committed an indecent act against the victim with interest on a juvenile, and the Defendant did not make any effort to recover the victim’s damage; and (b) the Defendant’s given unfavorable circumstances and the Defendant led to the confession of the crime; (c) the crime of this case and the murder, etc. in the judgment of the court below, which became final and conclusive, should take into account the case of concurrent crimes with murder, etc. at the same time as the latter part of Article 37 of the Criminal Act; and (d) the sentencing conditions specified in the records and arguments, comprehensively taking into account the factors favorable to the Defendant, the lower court’s punishment was excessively unfilled and exceeded the reasonable scope of discretion

shall not be deemed to exist.

We do not accept the prosecutor's argument that the sentencing of the court below is unfair.

2. As long as a judgment prosecutor filed an appeal against the Defendant’s case regarding the request for attachment order, the appeal is deemed to have been filed regarding the request for attachment order pursuant to Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., however, the appeal shall be deemed to have been filed regarding the request for attachment order. However, there is no legitimate ground for appeal regarding the request for attachment order as to the request for attachment order on the petition of appeal filed by the prosecutor

3. The appeal by the conclusion prosecutor is dismissed for all reasons.

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