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(영문) 대전고등법원 2020.11.27 2020노354
아동ㆍ청소년의성보호에관한법률위반(강간등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (two years and six months, etc.) shall be too unhued and unreasonable.

2. The lower court: (a) took into account the circumstances unfavorable to the Defendant, such as the fact that the Defendant appears to have committed the instant crime; (b) it is difficult to see the degree of indecent act; (c) it is hard to see that the Defendant committed the instant crime was seriously serious; and (d) the fact that there was no record of punishment for a sex offense, etc., in view of the background, method, mode, etc. of the instant crime; (d) it is highly likely that the quality of the crime is not good in light of the circumstances of the instant crime; (e) the fact that the damage was not completely recovered and there is no effort to recover the damage; and (e) the fact that the Defendant committed the instant crime only three months after having been released from the prison; and (e) taking into account the following factors, taking into account the Defendant’s age, character and behavior, environment, motive and circumstance of the instant crime, and the circumstances after the crime.

In full view of the conditions for sentencing as expressed in the judgment of the court below and the scope of the recommendation of the Sentencing Committee, the sentencing of the court below is not deemed to have exceeded the reasonable bounds of its discretion, and there is no change in the conditions for sentencing that can be deemed to be unfair to maintain the judgment of the court below as it is.

Therefore, the prosecutor's assertion that the sentence of the court below is too minor cannot be accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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