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(영문) 광주고등법원 2020.11.19 2020노217
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The defendant asserts that the sentencing of the court below is too unreasonable because the sentencing of the court below is too large, and the prosecutor asserts that the sentencing of the court below is too uneasible and unfair.

2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Circumstances asserted by the Defendant and the Prosecutor as an element of sentencing in this court are already discovered in the course of the pleadings of the lower court, or the lower court appears to have sufficiently taken into account in determining the sentence against the Defendant. There is no particular change in circumstances in the sentencing guidelines with the matters subject to the conditions of sentencing and the sentencing criteria after

Considering the circumstances indicated by the lower court on the grounds of sentencing, comprehensively taking into account the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, relationship with the victim, circumstances after the crime, etc., and the scope of recommended sentences based on the sentencing guidelines, the lower court’s sentencing is too heavy or unreasonable, even in light of the circumstances where both parties are in the grounds of appeal as the grounds of appeal.

The defendant and prosecutor's assertion are without merit.

3. The appeal filed by the defendant and the prosecutor is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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