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(영문) 광주고등법원 2020.10.15 2020노246
강도강간미수등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Circumstances asserted by the Defendant and the Prosecutor as sentencing factors are mostly revealed in the hearing process of the lower court, or the lower court appears to have taken account of the circumstances in determining the Defendant’s punishment. There is no particular change in circumstances in the sentencing guidelines and the matters subject to sentencing after the lower judgment was sentenced.

(1) In light of the circumstances that the court below rendered on the ground of sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, the sentencing of the court below is conducted within the reasonable scope of discretion, and it cannot be deemed that it is too heavy or unreasonable, even if both parties are considered that the sentencing of the court below was conducted within the reasonable scope of discretion, considering various circumstances, such as the Defendant’s age, character, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.

The defendant and prosecutor's argument of unfair sentencing cannot be accepted.

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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