beta
(영문) 광주고등법원 (전주) 2012.10.30 2012노194

성폭력범죄의처벌등에관한특례법위반(특수강간)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s grounds for appeal (three years of imprisonment and five years of suspended execution) that the court below pronounced is too unfasible.

2. Although there are unfavorable circumstances such as the defendant's female-friendly job offers victim was carrying the victim on a passenger car and committed the crime of this case on the ground that the defendant was a deadly weapons, the defendant was detained for not less than four months, the defendant's mistake is against himself, the victim does not want the punishment, and there is no record of punishment heavier than the fine, and the court below's punishment against the defendant is examined based on the favorable circumstances such as the defendant's previous sentence, the sentencing conditions under Article 51 of the Criminal Act as stated in the records and arguments of this case, and the scope of recommendation according to the sentencing guidelines, and considering the court below's punishment as to the defendant, it is recognized that the court below's punishment of the defendant is within the proper sentencing range, and thus, the prosecutor's grounds for appeal on unfair sentencing cannot be accepted.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

(No. 3 of the first instance judgment "No. 10, 2010." is correct because it is apparent that it is a clerical error of "No. 10, 2012."