logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (전주) 2016.09.06 2016노97
강간상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment, three years of suspended sentence, three years of probation, and 80 hours of an order to attend a sexual assault treatment course) is too unhued and unreasonable;

2. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act, and the fact that the sentencing of the first instance court does not change in the conditions for sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the first instance court’s judgment and to refrain from imposing a sentence that does not differ from the first instance court’s opinion on the grounds that it is somewhat different from

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the following circumstances: (a) examining the instant case; (b) there is no special change in the conditions of sentencing compared to the original judgment; (c) the sentencing grounds stated by the lower court are the sentencing grounds; (d) the Defendant did not take measures to recover from damage up to the final trial; and (e) the Defendant was able to endeavor to treat alcohol addiction; and (e) the Defendant has made efforts to treat alcohol addiction, it is not recognized that the lower court’s sentencing is too unfluent and so far exceeded the reasonable scope of discretion.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow