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(영문) 대전고등법원 2020.09.11 2020노223

강간등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (the first instance court's judgment: Imprisonment with prison labor for a period of one year and six months, and each of the rest of the crimes as stated in the lower court's judgment: three years) is too unreasonable.

2. The lower court: (a) took into account the circumstances favorable to the Defendant, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., taking into account the following factors: (b) the Defendant’s punishment against the Defendant was determined by taking into account the following factors: (c) the Defendant’s age, character and behavior, and environment; (d) the motive and background of the crime; and (e) the circumstances after the crime, etc. were committed, taking into account the following factors: (a) the Defendant had no record of sexual assault crime; and (b) the Defendant was punished against the Defendant, taking into account the following factors: (a) the Defendant’s age, character and behavior; (b) the Defendant’s motive and background of the crime; and (c) the victim’s personal injury to the victim’s residence, etc.

In full view of the conditions for sentencing as expressed in the judgment of the court below and the scope of the recommendation of the Supreme Court Sentencing Committee, the sentencing of the court below is not deemed to have exceeded the reasonable bounds of its discretion, and there is no change in the conditions for sentencing that can be deemed to be unfair to maintain the judgment of the court below as it is.

(A) In light of the above, there is no doubt as to whether the Defendant, who had the victim summoned the court of the court of the court below before the Defendant returned to the court of the court below for the purpose of committing a crime that has been committed in favor of the Defendant during the trial process of the court of the court below, is seriously against and participating in the crime that he committed, and it is difficult to regard the above circumstances as the grounds for sentencing that have been changed favorably to the Defendant at the court of the court of the court. Therefore, the sentence of the court below is too unreasonable.