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(영문) 서울고등법원 2017.09.01 2017노1812
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance 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). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and in full view of the factors revealed during the pleadings in the instant case, the lower court’s sentencing was too heavy or too unfilled, thereby exceeding the reasonable scope of discretion.

It does not appear.

The argument that the sentencing of each of the defendant and the prosecutor is unfair is without merit.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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