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(영문) 서울고등법원 2018.12.07 2018노2582
유사강간미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment, three years of suspended sentence, etc.) is too uneasy and unreasonable.

2. It is desirable for the appellate court to refrain from rendering a sentence that does not vary in the terms and conditions of sentencing compared to the first instance court, if the first instance court did not change in the terms and conditions of sentencing, and if the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, although the first instance court’s opinion is somewhat different from the appellate court’s opinion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). Since new sentencing data were not submitted in the health unit and the appellate court, no change in the terms and conditions of sentencing compared to the lower court’s judgment did not change, and even considering the reasons stated in the lower court’s reasoning, it is not recognized that the sentencing of the lower court exceeded the reasonable scope of discretion, as it is too unflu

Therefore, the prosecutor's above assertion cannot be accepted.

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

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