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(영문) 부산고등법원 2016.09.29 2016노443
강간미수
Text

The prosecutor's appeal is dismissed.

Reasons

On the grounds of appeal, the prosecutor asserts that the sentence of the court below (a year and six months of imprisonment, a suspended sentence of three years, a observation of protection, and an order to take a sexual assault therapy of 80 hours) is unfair as it is too unfasible. However, in full view of the various factors, etc., which are the conditions for sentencing specified in the sentencing trial process of the court below, the judgment of the court below that deemed the principal sentencing factor, including the course and nature of the crime of this case, the victim’s mental suffering, the agreement with the victim, the criminal history of the defendant, and the reflectivity, exceeded the reasonable limit of its discretion.

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, the prosecutor's appeal is dismissed (Article 364 (4) of the Criminal Procedure Act).

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