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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. There is no change in the conditions of sentencing compared to the lower court’s determination on the unfair argument of sentencing by both parties, and where the lower court’s sentencing does not deviate from the reasonable scope of discretion, it should be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no particular change in the conditions of sentencing compared to the lower court’s determination on the grounds that the new materials of sentencing were not submitted in the instant case
In addition, the Defendant had been sentenced five times to total punishment due to the crime of robbery, rape, etc. similar to the instant case, the Defendant committed the instant crime without being aware of it even though it is a repeated crime period, and the victim and his family members want to be punished by severe punishment against the Defendant, and the Defendant’s confession and reflect all of the instant crimes, and the Defendant’s treatment and education for correcting erroneous sexual values.
In full view of the factors favorable to the defendant, such as the fact that the sentence of the court below was exceeded the reasonable scope of discretion, comprehensively taking into account the factors favorable to the defendant and the conditions of sentencing as shown in the records
shall not be deemed to exist.
All the arguments of the defendant and the prosecutor that the sentencing of the court below is unfair are rejected.
2. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed on the grounds of merit.