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부산고등법원 2016.03.31 2016노25

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)

Text

The prosecutor's appeal is dismissed.

Reasons

The prosecutor asserts, on the grounds of appeal, that the sentence of the court below (one year of imprisonment, two years of suspended sentence, and observation of protection) is unfair because it is too unfluent. However, in full view of the conditions of the sentencing specified in the course of the court below’s sentencing examination and the sentencing guidelines, the judgment of the court below that the defendant is deemed as the person with intellectual disability exceeded the reasonable limit of discretion, including that there is no past record of criminal punishment as the person with intellectual disability.

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.

Therefore, the prosecutor's appeal is dismissed (Article 364 (4) of the Criminal Procedure Act).