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(영문) 광주고등법원 (전주) 2015.08.11 2015노114
준강간
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 of imprisonment, three years of suspended sentence, 40 hours of attendance order for sexual assault treatment lectures, 80 hours of community service order) is too unfasible and unreasonable, and it is also unreasonable to exempt the public notification order.

2. Determination

A. The Defendant’s crime of this case against the assertion of unfair sentencing is sexual intercourse with the victim who had been unable to resist due to doping to help the victim under the influence of alcohol, and the risk of causing secondary injury to the escape victim by neglecting the victim at the site without leaving the victim as they are, and thus, the crime and the nature of the crime are not less and less severe punishment corresponding to the Defendant’s responsibility is inevitable.

On the other hand, the circumstances should be favorable or taken into account to the defendant, such as the confession of the crime of this case and the fact that the defendant is seriously against the victim, that the victim agrees with the victim, that the victim does not want the punishment of the defendant, that there is no criminal power exceeding the fine, etc.

In light of the above various circumstances, there is no change in special circumstances that could vary in the sentence of the court below. In addition, in full view of the defendant's age, character and conduct, family environment, motive or circumstance of the crime, means and method of the crime, contents and result of the crime, and the recommended sentencing guidelines for the enactment of the Criminal Procedure Committee by the Supreme Court, the punishment imposed by the court below against the defendant is too uneasible and unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

B. The lower court’s determination on the unfair assertion of exemption from disclosure disclosure order is just and acceptable to have determined that there are special circumstances that could not disclose or notify the personal information of the Defendant on the grounds of its stated reasoning.

Therefore, there is no reason to deny the prosecutor's exemption from disclosure disclosure order.

3. Conclusion, prosecutor.

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