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(영문) 광주고등법원 2017.05.18 2016노485
강간
Text

The prosecutor's appeal is dismissed.

Reasons

1. Where there is no change in the conditions of sentencing compared to the lower court’s judgment on the prosecutor’s unfair assertion of sentencing, and the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). This court did not submit new materials for sentencing, and there is no particular change in the conditions of sentencing compared to the lower court.

In addition, even if considering the factors of sentencing unfavorable to the defendant, such as the fact that the defendant's mistake is against the defendant by recognizing the crime and the victim does not want punishment by mutual consent with the victim, etc., comprehensively taking account of the factors of sentencing as shown in the records and arguments, the defendant exceeded the reasonable scope of discretion by excessively unhueding the defendant's punishment.

shall not be deemed to exist.

We do not accept the prosecutor's argument that the sentencing of the court below is unfair.

2. The appeal by the conclusion prosecutor is dismissed for reasons.

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