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(영문) 광주고등법원 2016.12.01 2016노353
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The prosecutor's appeal is dismissed.

Reasons

The circumstances alleged by the prosecutor in this court as an element of sentencing are already revealed in the course of pleadings in the original court and are sufficiently considered in the sentencing of the original court. There is no particular change in circumstances that are conditions of sentencing after the pronouncement of the original judgment.

In addition, comprehensively taking into account all the factors of sentencing as shown in the argument of this case, such as the Defendant’s age, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime, the sentencing of the court below is too unjustifiable, as it takes place within the reasonable scope of discretion.

The prosecutor’s assertion disputing the propriety of sentencing of the court below is not accepted.

2. The final appeal is dismissed for lack of reason.

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