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(영문) 수원고등법원 2020.03.05 2019노331
준유사강간
Text

The prosecutor's appeal is dismissed.

Reasons

The sentence imposed by the court below (one year of imprisonment and two years of suspended execution, etc.) shall be too unfluent and unfair.

Judgment

If there is no change in the conditions of sentencing compared to the original judgment in the appellate court, and the sentencing of the original court is not beyond the scope of reasonable discretion, it is reasonable to respect

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). As to the instant case, there is no significant change in the sentencing conditions compared to the lower court in the appellate trial.

In light of the content, motive, and background of the instant crime, the degree of suffering of the victim, etc., the Defendant needs to be punished.

However, in full view of the following facts: (a) the Defendant has no record of being punished for the same crime; (b) the victim is the Defendant’s wife by mutual consent with the victim immediately before the conclusion of the pleadings in the lower court’s judgment; and (c) other various sentencing conditions as shown in the records and arguments in the instant case, including the Defendant’s age, character, conduct, and environment, the lower court’s punishment against the Defendant cannot be deemed to have exceeded the reasonable scope of discretion by excessively

We do not accept the prosecutor's assertion.

In conclusion, the prosecutor's appeal is dismissed as there is no reason.

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