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(영문) 광주고등법원 2017.12.21 2017노307
준강간
Text

The defendant's appeal is dismissed.

Reasons

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

In addition, in light of the fact that the defendant's crime of sexual intercourse with the victim under the influence of alcohol is serious and that the victim wants to punish the defendant, even if considering the sentencing factors favorable to the defendant, such as the fact that the defendant divided the defendant's wrong and reflects and has no record of crime, the court below's punishment was excessively and excessively exempted from the reasonable scope of discretion.

shall not be deemed to exist.

The defendant's assertion that the sentencing of the court below is unfair is not accepted.

2. Conclusion, the Defendant’s appeal is dismissed for lack of grounds.

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