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(영문) 광주고등법원 2019.05.16 2018노513
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

Defendant

In addition, all appeals filed by a person subject to attachment order, a person subject to probation order and a prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below (three years of imprisonment) is too unreasonable for the defendant and the person who requested an attachment order or the person who requested a probation order (hereinafter “defendant”).

B. The sentence imposed by the prosecutor by the court below is too uneasible.

2. Determination

A. Determination 1 of a case involving a defendant is reasonable to reverse the judgment of the court of first instance on the basis of statutory punishment only in cases where it is deemed that the sentencing of the court of first instance exceeded the reasonable and reasonable scope of discretion when comprehensively considering the unique area of the sentencing of the court of first instance respected under the principle of public trial and the principle of direct administration that the Criminal Procedure Act is in force, and the ex post facto nature of the appellate court, or where it is deemed that the sentencing of the court of first instance is unfair in full view of the following: (a) the sentencing of the court of first instance is deemed unfair in full view of the following: (b) the sentencing of the court of first instance is reasonable to respect the sentencing of the court of first instance (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015); and (c) the sentencing criteria of the court of first instance should be determined within the scope of 100 days before and after the court of first instance’s final judgment (see, e.g., Supreme Court en banc Decision 2001Do1494.

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