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(영문) 부산고등법원 2018.07.11 2018노254
강간상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment, and 80 hours of order to complete the course) is too unreasonable.

2. Determination

A. The sentencing guidelines established by the Sentencing Committee on the basis of Articles 81-2 and 81-6 of the Act on the Organization of Courts for the Determination of Sentencing (hereinafter “Sentencing guidelines”) are “reasonable, concrete, and objective setting” through the “procedures prescribed by the Act” and “public disclosure”. Judges shall respect the selection of the types of punishment and the determination of the sentence (see Articles 81-2 through 81-12 of the Act on the Organization of Courts). Where the court intends to state the grounds for sentencing in the written judgment, it shall state the grounds for sentencing in a way that indicates the relevant sentencing in a reasonable and persuasive manner (see Supreme Court Decision 2010Do7410, Dec. 9, 2010) / [2] the scope of imprisonment with prison labor for not less than six years and whether the results of the determination of the general sentencing guidelines are appropriate or not for six years [3 years of injury or injury to the general sentencing range].

(c)

The lower court’s judgment and its propriety are reasonable.

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