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(영문) 서울고등법원 (춘천) 2016.06.29 2016노78
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable because the punishment (15 million won in penalty) imposed by the court below is too uneased.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, if the first instance court did not change the conditions of sentencing, and if the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not differ from the first instance court by destroying the first instance judgment solely on the ground that the difference between the opinion of the appellate court and the opinion of the appellate court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal principles, the lower court did not change the conditions of sentencing and the first instance court did not submit new materials for sentencing, and in particular, the degree of indecent act and the power of using them in the process is not relatively heavy, and in consideration of the fact that the sentence of the first instance court is used by the injured party, and it is not recognized that the lower court’s sentencing was too unfured and exceeded the reasonable

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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