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(영문) 부산고등법원 2016.07.21 2016노274
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, 120 hours of community service order, and 40 hours of lecture for treatment of sexual assault) of the summary of the grounds for appeal is unreasonable because it is too unfasible, and is also erroneous and exempted from the disclosure and notification order.

2. In full view of the factors and sentencing guidelines revealed in the sentencing review process of the lower court’s judgment, the lower court’s judgment that deemed the primary sentencing factor, including the nature of each of the instant crimes, sexual humiliation and mental shock, the victim’s fear of sexual humiliation and mental shock, the agreement with the victims, the Defendant’s criminal history and reflectivity, and the degree of exercise of prosecution and tangible power, exceeded the reasonable bounds of its discretion.

It can not be assessed, and there is no circumstance or material that can be deemed unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the party.

In addition, the court below exempted the defendant from the order of disclosure and notification after recognizing a special circumstance that may not disclose or notify personal information on the grounds stated in its reasoning. In light of relevant evidence, pleading, legal doctrine, etc., the above judgment of the court below is just and there is no error such as misconception of facts, misunderstanding of legal principles, etc.

3. Accordingly, the prosecutor’s appeal is dismissed (Article 364(4) of the Criminal Procedure Act).

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