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(영문) 광주고등법원 2013.07.11 2013노99
성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s grounds for appeal (two years of imprisonment) is too unhued and unreasonable.

2. Although the nature of the crime of this case is not good, the defendant led to the confession of the crime of this case and commits a mistake against the defendant. This case needs to consider equity with the case where the defendant rendered judgment against the defendant on July 22, 2005 due to the crime of this case around 2004 at the same time, and considering all the circumstances revealed in the arguments of this case, such as the defendant's age, character and conduct and environment, motive, means and consequence of the crime, etc., the defendant's age, character and environment, motive, means and consequence of the crime, the circumstance after the crime, etc., it is not recognized that the court below's punishment is too uneasible, and thus, the prosecutor'

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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