logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2016.07.14 2016노200
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

On the grounds of appeal, the prosecutor asserts that the sentence of the court below (the defendant A: three years of imprisonment; five years of probation; three years of observation of protection; three years of community service order 240 hours; two years and six years of probation; four years of probation; three years of observation of protection; three years of community service order 240 hours and 80 hours of sexual assault treatment instruction) is unfair due to the defendant's fault; however, the court below's determination of the sentencing exceeded the reasonable limits of discretion, considering the following factors as a whole in light of the sentencing sentencing conditions and sentencing guidelines in the court below, where the court below's determination of the sentencing of the case was made as the main sentencing factor, such as the nature of the crime of this case; the victim's mental shock and pain; the defendants' age and criminal history; the victim's age; the victim's reflectment; the victim's agreement with the victim; and

It can not be assessed, and there is no circumstance or material that can be deemed unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the party.

Therefore, all appeals filed by the prosecutor against the Defendants are dismissed (Article 364, Paragraph 4 of the Criminal Procedure Act).

arrow