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(영문) 서울고등법원 2016.05.27 2016노667
준유사강간등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (five years of imprisonment, 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The lower court sentenced the Defendant to five years of imprisonment, taking into account the circumstances favorable to the Defendant, the circumstances favorable to the Defendant, and the recommended sentencing guidelines of the Sentencing Committee.

When comprehensively considering the conditions for sentencing in the trial, the sentencing of the court below exceeded the reasonable scope of its discretion, and the sentencing criteria, etc.

There is no other circumstance that the lower court’s sentencing is deemed unfair or unfair to maintain the judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, considering the Defendant’s age, sex, environment, background and consequence of the crime, circumstances after the crime, etc., the sentence of the lower court is appropriate, and it is not deemed unfair or too heavy.

The argument that the sentencing of each of the defendant and the prosecutor is unfair is without merit.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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