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(영문) 서울고등법원 2020.12.17 2020노1775
강간
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for three years.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

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

B. Prosecutor 1) The sentencing of the lower court on the grounds that it is unreasonable that the sentencing of unfair sentencing is too uneasible and unfair. 2) The unfair lower court’s failure to issue an order to disclose personal information to the Defendant.

2. Determination

A. As to the assertion of unfair sentencing by the defendant and the prosecutor, the crime of this case is acknowledged as having been raped by intimidation by the defendant, and the crime of this case seems to have suffered considerable mental pain and suffering.

However, when considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case and the conditions of sentencing as shown in the argument of this case, such as the circumstance that the prosecutor asserts in the trial, it is difficult to see that the court below's punishment is too unjustifiable and unreasonable, and rather, it is recognized that the court below's punishment is too unreasonable, even if it considers all the circumstances asserted in the arguments of this case, and it is unreasonable to recognize that the court below's punishment is too unreasonable.

Therefore, this part of the defendant's argument is reasonable, and this part of the prosecutor's argument is without merit.

B. As to the prosecutor’s unfair assertion of exemption from disclosure disclosure order, the lower court did not issue an order to disclose information to the Defendant on the ground that there were special circumstances that the Defendant’s personal information should not be disclosed or notified, based on the circumstances in its reasoning

Examining the above judgment of the court below in light of the records, the above judgment of the court below is acceptable even if the prosecutor considered all the circumstances asserted in the trial.

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