logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.05.22 2019노1219
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fine of three million won and the order to complete a sexual assault treatment program 40 hours) declared by the court below is too unreasonable.

2. It is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from that of the first instance court solely on the ground that the sentencing of the first instance court falls within the reasonable scope of discretion, even though the sentencing of the first instance court falls within the scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the following: (a) there is no change in the conditions of sentencing compared to the original judgment as the materials for new sentencing have not been submitted in the trial; and (b) comprehensively considering the reasons for sentencing revealed in the records and pleadings of the instant case, the lower court’s sentencing is too so excessive that it exceeded the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow