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(영문) 서울고등법원 2016.09.30 2016노1977
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal by the defendant is that the sentencing of the court below (four years of suspended sentence of imprisonment with prison labor for three years, four years of probation observation order, and 80 hours of order to attend sexual assault treatment program) is unfair because it is too unreasonable. The gist of the grounds for appeal by the prosecutor is that the sentencing of the court below is too uneasible and unfair.

2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance 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). There is no change in the terms and conditions of sentencing compared to the lower court’s judgment on the grounds that new materials for sentencing have not been submitted in the trial and the lower court did not change in the terms and conditions of sentencing compared to the lower court’s judgment, and in full view of all the reasons for sentencing as stated by the lower court, it is not recognized that the sentencing of the lower court against the Defendant is too heavy or una

The grounds for appeal by the defendant and the prosecutor shall not be accepted.

3. Conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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