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(영문) 대전고등법원 (청주) 2020.07.23 2020노50
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years and five years of suspended execution) of the lower court is deemed to be too uneasy and unfair.

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

(2) The lower court determined a sentence against the Defendant by taking into account the following circumstances: (a) the crime of this case was committed on July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court: (b) the Defendant’s age, character and conduct, environment, motive, and circumstances after committing the instant crime, etc.: (c) the Defendant’s age, character, and conduct of similarity to the victims who are children and juveniles; and (d) the victims are likely to suffer serious mental pain due to the instant crime; (b) the Defendant recognized the crime and committed mistake; and (d) the Defendant has no other criminal history; and (c) the Defendant has agreed with the victims; and (d) the Defendant has agreed with the victims.

When comprehensively considering the conditions of sentencing, sentencing criteria, etc. specified in the sentencing review process of the lower court, it cannot be deemed that the lower court’s judgment exceeded the reasonable bounds of its discretion.

Furthermore, the grounds for unfair sentencing alleged by the prosecutor in this court are already considered by the court below in determining the defendant's punishment, and there are no new circumstances or changes in circumstances that are reflected in the sentencing in the appellate court.

Therefore, the prosecutor's argument of unfair sentencing is not accepted.

3. Thus, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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