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(영문) 광주고등법원 2017.11.30 2017노382
강간등
Text

Defendant

In addition, all appeals filed by the claimant for observation order and the prosecutor are dismissed.

Reasons

1. In full view of the circumstances favorable to the defendant, including the fact that the defendant and the requester for the observation order on the punishment of the two parties (hereinafter referred to as the "defendant") committed the crime of this case without being aware of the fact that he had been sentenced to punishment due to the crime of rape similar to the crime of this case, even though he had already been sentenced to punishment, and that the victim reversed the agreement at the court below and wanted to set the punishment against the defendant, etc., and the defendant committed all the crime of this case, and the defendant made a confession and reflect against all the crime of this case, and paid the victim KRW 15 million by agreement at the court below, the court below’s sentence exceeded the reasonable scope of discretion, in full view of the following factors:

shall not be deemed to exist.

All the arguments of the defendant and the prosecutor that the sentencing of the court below is unfair are rejected.

2. As long as the Defendant and the prosecutor have lodged an appeal against the judgment on the part of the case for which protection observation order was requested, it is deemed that the appeal has been filed against the judgment on the case for which protection observation order was requested in accordance with Articles 21-8 and 9-8 of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, Etc.

However, there is no indication of the grounds for appeal concerning this part of the petition of appeal or the statement of reasons for appeal submitted by the defendant or prosecutor, and even though the judgment of the court below is examined, there is no ground for reversal by ex officio investigation

3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed on the grounds of merit.

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