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(영문) 광주고등법원 2018.01.11 2017노310
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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The defendant's appeal is dismissed.

Reasons

1. In a case where there is no change in the sentencing conditions compared to the lower court’s determination on the Defendant’s unfair assertion of sentencing, and where the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). This court did not submit new data on sentencing, and there is no particular change in the sentencing conditions compared with the lower court.

In addition, comprehensively taking account of the sentencing factors favorable to the defendant, such as that the injured party does not want the punishment of the defendant, considering the fact that the defendant committed several crimes against the aged victim and the nature of the crime is not good, even if considering the sentencing factors favorable to the defendant, the court below’s punishment was too excessive and exceeded the reasonable scope of discretion.

shall not be deemed to exist.

The defendant's assertion that the sentencing of the court below is unfair is not accepted.

2. Conclusion, the Defendant’s appeal is dismissed for lack of grounds.

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