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(영문) 광주고등법원 2017.06.29 2017노111
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The appeal by the defendant and the prosecutor shall be dismissed.

Reasons

1. Where there is no change in the conditions of sentencing compared to the lower court’s judgment on the unfair argument of sentencing by both parties, and the lower court’s sentencing 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). This court did not submit new sentencing data, and there is no change in the conditions of sentencing compared to the lower court.

In addition, it is not good that the defendant committed an indecent act, etc. against the victims of the age from the path, and that the defendant did not receive a letter from the victims, etc., and that the circumstances and the defendant committed a serious effort to reflect the defendant's wrong and to prevent recidivism.

In full view of the circumstances favorable to the Defendant, including the fact that the Defendant had no previous record of sex offense prior to the instant case, and the sentencing conditions indicated in the records and pleadings, the lower court’s sentence exceeded the reasonable scope of discretion.

shall not be deemed to exist.

We do not accept the argument of the defendant and the prosecutor that the court below's sentencing is unfair.

2. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed as without merit.

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