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(영문) 광주고등법원 2020.07.23 2020노36
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentencing on the gist of the grounds of appeal is unreasonable because it is too unhued.

2. If there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Grounds asserted by a prosecutor as an element of sentencing in this court are already discovered in the proceedings of the lower court’s pleadings, or the lower court appears to have sufficiently taken into account in determining the Defendant’s punishment. There is no particular change in circumstances in the sentencing guidelines with the matters subject to the conditions of sentencing after the lower judgment was sentenced

Considering the circumstances indicated by the lower court on the grounds of sentencing comprehensively taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, all of the conditions of sentencing as well as the scope of recommended sentencing guidelines, including the circumstances after the commission of the crime, etc., the lower court’s sentencing is too unreasonable, given that the prosecutor’s internal decision was made within the reasonable scope of discretion.

The prosecutor's assertion of unfair sentencing is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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