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(영문) 광주고등법원 2020.11.12 2020노206
강간상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentencing on the gist of the grounds of appeal is too uncomfortable.

2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Circumstances a prosecutor asserts as an element of sentencing in this court are already revealed in the hearing process of the lower court, or the lower court appears to have sufficiently taken into account in determining the Defendant’s punishment. There is no particular change in circumstances in the sentencing guidelines and the matters subject to the conditions of sentencing after the lower judgment was sentenced.

Considering the circumstances indicated by the lower court on the grounds of sentencing, comprehensively taking into account the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, conditions of sentencing as indicated in the instant arguments and the records, and the scope of recommended sentences based on the sentencing guidelines, such as the circumstances after the crime was committed, the lower court’s sentencing is too unreasonable, given that the prosecutor’s appeal is based on the grounds of appeal.

The prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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