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(영문) 서울고등법원 2016.03.11 2016노113
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

The punishment (two years of the suspended execution of six months of imprisonment) imposed by the court below on the defendant and the requester for observation order of protection (hereinafter "defendants") in the summary of the grounds for appeal, which is unfair for sentencing in the part of the defendant's case, is too uneasible.

In light of the interview and interview with the crime of this case committed in violation of the disclosure and notification order and the fact that the defendant seems not to be able to properly reflect his or her mistake, the judgment of the court below that exempted the disclosure and notification order is unfair even though there are no special circumstances that may not disclose or notify the defendant's personal information.

In this case where the sentencing of the court below against the defendant in the part of the case of the request for protective observation order is too low that the court below's dismissal of the prosecutor's request for protective observation order in spite of recognizing the risk of repeating sexual crimes against the defendant.

Judgment

In a case where there is no change in the conditions of sentencing compared to the first instance court with respect to the unfair argument of sentencing in the part of the Defendant case, and where the sentencing in the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the lower court’s judgment as the materials for new sentencing have not been submitted in the trial, and in full view of the factors revealed in the arguments in the instant case, the lower court’s sentencing was too unfeasible and so, exceeded the reasonable scope of discretion.

It does not appear.

This part of the appeal by the prosecutor is without merit.

The Defendant’s age, occupation, social relationship, criminal record, and risk of recidivism (no record of sexual crime) recognized by the record as a result of an unjust assertion of exemption from disclosure and notification order, and the circumstances leading to the instant crime and the details of the instant crime, and the disclosure and notification order of this case.

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