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(영문) 부산고등법원 2016.03.24 2016노1
강간치상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment, three years of suspended sentence, two years of protection observation, and 80 hours of attendance order for treatment of sexual assault) is too unfluent and unreasonable, and the lower court also erred by exempting the disclosure and notification order.

2. The lower court’s sentencing judgment, which comprehensively takes into account the following factors: (a) the planning of the crime causing rape in the instant case; (b) the victim’s suffering; (c) the victim’s wish to punish the victim of defamation; (d) the victim’s non-conformity with the victim of the crime causing rape; and (e) the Defendant’s age, criminal history; and (e) the sentencing guidelines, etc., as indicated in the sentencing review process, exceeded the reasonable bounds of discretion

No assessment may be conducted.

In addition, there is no or insufficient circumstance or data to see that it is unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the political party.

On the grounds indicated in its reasoning, the lower court exempted the Defendant from an order to disclose or notify personal information, and exempted the Defendant from an order to disclose or notify such information. In light of relevant evidence, pleading, legal doctrine, etc., the lower court’s aforementioned determination is justifiable and did not err by misapprehending the legal doctrine, such as misconception of facts and misapprehension of the legal doctrine.

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

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