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(영문) 광주고등법원 2017.06.08 2017노76
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Where there is no change in the conditions of sentencing compared to the lower court’s judgment on the prosecutor’s unfair assertion of sentencing, and 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 did not submit new materials for sentencing, and there is no particular change in the conditions of sentencing compared to the lower court.

In addition, comprehensively taking account of the sentencing conditions shown in the records and arguments, including the fact that the defendant has led to the confession of all crimes and agreed with the victims, even if considering the sentencing factors unfavorable to the defendant, such as the fact that the nature of the crime is not good, the sentence of the court below exceeded the reasonable scope of discretion because it is too unhued.

shall not be deemed to exist.

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

2. In full view of the various circumstances revealed by the court below, there are special circumstances that should not disclose or notify the personal information of the defendant, such as the fact that the defendant is ordered to observe the protection of the defendant and is being provided medical treatment for the treatment of symptoms.

The decision is judged.

It is justifiable that the court below exempted the defendant from issuing an order to disclose and notify personal information.

This part of the Prosecutor's argument is not accepted.

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

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