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(영문) 광주고등법원 2020.10.22 2020노268
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., indual) asserts that the sentencing of the lower court is too unreasonable, and the prosecutor asserts that the sentencing of the lower court is too unreasonable.

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.

Although the Defendant denied a part of the crime in the lower court, but against the mistake by recognizing the entire crime in this case, it is difficult to view the lower court’s punishment as a change in circumstances that could change.

Considering the circumstances indicated by the lower court 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 crime, conditions of sentencing as indicated in the instant arguments and records, and the scope of recommended sentences based on the sentencing guidelines, such as the circumstances after the crime was committed, the lower court’s sentencing is too heavy or unreasonable as it was conducted within the reasonable scope of discretion, given that both parties are in the grounds of appeal.

The defendant and prosecutor's assertion are without merit.

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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