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The defendant's appeal is dismissed.
Reasons
1. The lower court found the Defendant guilty of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse among the part of the instant case from April 2020 to May 2, 202, and sentenced the Defendant guilty of the remainder of each of the grounds. The lower court dismissed the prosecutor’s request regarding the part regarding which the request for attachment order was filed, and ordered ex officio an order to observe the protective observation, and only the Defendant appealed.
Therefore, the non-guilty part of the judgment of the court below is separated and confirmed as it is, and the part for which the request for attachment order is filed is excluded from the scope of the judgment of the court, notwithstanding Article 9(8) of the Act on the Attachment, etc. of Electronic Devices (hereinafter “Electronic Devices Installation Act”), since there is no benefit in appeal, the scope of the judgment of this court is limited to the part for which the judgment of the court below is regarded as guilty among the defendant case and the order for
2. The summary of the grounds for appeal (unfair sentencing) by the lower court (one-eight years of imprisonment, etc.) is too unreasonable.
3. Determination
A. (1) In a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). 2) In light of the foregoing legal doctrine, the appellate court is deemed to have regard to the instant case.
The circumstances alleged by the Defendant as an element of mitigated sentencing have already been revealed and sufficiently considered during the pleadings of the lower court, and there was no particular change in circumstances in the matters subject to sentencing after the sentence of the lower judgment was rendered ( Above all, the Defendant did not receive a letter from the injured party, and did not have recovered from the injured party). In addition, the Defendant’s age, career, sex and environment, motive and background of the crime, and crime.