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(영문) 서울고등법원 2018.02.09 2017노2756
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s unfair sentencing (a three years of imprisonment, four years of suspended execution, 40 hours of lectures to treat sexual assault, and 80 hours of community service) is deemed to be too unhued and unreasonable.

B. Although the court below should disclose and notify the defendant's personal information in light of the legislative intent and peculiarity of the system of disclosure and notification order of unfair personal information exemption from disclosure and notification order, and the subject of the crime in this case, it is improper for the court below to exempt the defendant from disclosure and notification order of personal information.

2. Determination

A. As to the unfair argument of sentencing, the sentencing is based on the statutory penalty, and the discretionary judgment is made within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, based on the statutory penalty. In our criminal litigation law, which adopts the trial-oriented principle and the principle of directness, there exists a unique area of deliberation in sentencing

In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from reversal of the first instance judgment on the sole ground that the sentence of the first instance falls within the scope of the discretion, and to impose a sentence that does not differ from the appellate court’s view (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). Since new materials on sentencing have not been submitted in the health department and the appellate court’s trial, there is no change in the conditions of sentencing compared with the lower court’s judgment, and even considering the reasons for the sentencing stated by the lower court, it is not recognized that the sentencing of the lower court exceeded the reasonable scope of the discretion by putting too un

Therefore, this part of the prosecutor's argument cannot be accepted.

B. As to the unfair argument of exemption from disclosure and notification orders, sexual crimes are committed.

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