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(영문) 수원고등법원 2020.09.24 2020노341
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Compared to the judgment of the court below on the assertion of unfair sentencing, there is no change in the sentencing conditions, and where the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Sentencing elements asserted by a prosecutor as the grounds for appeal appear to have been fully considered by the lower court in determining the sentence. Since new sentencing materials were not submitted, there is no change in the conditions of sentencing compared with the lower court.

Furthermore, comprehensively taking account of the following: (a) the Defendant has no record of criminal punishment in the Republic of Korea; (b) it is difficult to view that the degree of the Defendant’s tangible force is relatively significant; and (c) the Defendant’s wife wanted to take the Defendant’s wife; and (d) the fact that the victims failed to receive a letter of suspicion from the victims; and (b) the sentencing factors unfavorable to the Defendant are considered as going beyond the reasonable scope of discretion, even if the lower court’s sentencing factors are considered as excessive

The prosecutor’s assertion disputing the propriety of sentencing of the court below is not accepted.

2. The final appeal is dismissed for lack of reason.

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