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(영문) 서울고등법원 2017.06.15 2017노950

강간

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the Defendant is unfair due to the excessive unafford sentence of the lower court (a year and six months of imprisonment, and an order to complete a sexual assault treatment program 80 hours). The Prosecutor asserts that the lower court’s punishment is too unafford and unfair.

2. The sentencing conditions do not change in comparison with the original judgment because new sentencing data has not been submitted in the appellate judgment.

Comprehensively taking account of all the factors revealed in the proceedings of the instant case’s sentencing, the lower court’s punishment is too unreasonable, or it does not seem to have exceeded the reasonable scope of discretion, as it is too unhued.

Therefore, each argument of the defendant and the prosecutor is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed on the ground that all appeals are without merit.