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(영문) 서울고등법원 2018.02.01 2017노3165
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years and six months of imprisonment, and forty hours of completion of sexual assault treatment programs) is unreasonable because it is too uneasible.

Judgment

In a case where there is no change in the conditions of sentencing compared to the original judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). Each of the instant crimes is unfavorable to the Defendant, such as: (a) each of the instant crimes was committed by the Defendant twice by rapes a victim who is a deadly dynamic, in light of the victim’s age, frequency and contents of the instant crimes; (b) the offense is bad in light of the victim’s age, frequency and contents; (c) the victim appears to have suffered a large mental shock and pain; and (d) the fact that the

On the other hand, each of the crimes of this case is a crime committed by the defendant when the defendant is a juvenile who has been a criminal minor on the side, the defendant has no criminal record for the same kind of crime, and the defendant has intellectual disability of class 3.

In addition to the above factors of sentencing that are disadvantageous or favorable to the defendant, comprehensively taking into account various factors of sentencing as shown in the records and theories of this case, such as the character, conduct, environment, family relationship, health status, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that make it possible to change the sentence of the court below in the trial at the time of the crime, the sentence imposed by the court below is acceptable as it is within the proper scope of punishment in accordance with the defendant's liability, and it is not recognized as unfair as it is too uneasible

Therefore, the prosecutor's improper argument of sentencing is not accepted.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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