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(영문) 광주고등법원 2018.02.08 2017노494
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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 elements of sentencing that are favorable to the defendant, such as the facts of the crime committed by the defendant and the age of the victims, the fact that the crime is not less severe than the nature of the crime and the fact that the victims did not receive a letter of suspicion from the victims, etc., even if considering the factors of sentencing favorable to the defendant such as the confession of the crime, the fact that the defendant is against himself and has no record of the same kind of crime

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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