logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.01.30 2019노2431
폭행등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below on unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

It is unfair that the court below's improper order to disclose and notify the personal information of the defendant for three years.

Judgment

As to the assertion on unfair sentencing, the court below sentenced the sentencing guidelines on the following grounds: ① the crime of this case under a unfavorable condition: (a) repeated assault of the victim on the ground that the victim dices alcohol; (b) rape in the state of long-time confinement; and (c) photographing the victim; and (d) the crime of this case, such as the crime of this case, continues for a long time due to the special relationship between the perpetrator and the victim; or (b) the perpetrator is well aware of the victim’s life atmosphere, family or person, etc.; (c) there are many cases where the perpetrator is highly likely to commit the crime; and (d) there is a serious need for severe punishment; (d) the social harm caused by the crime is also serious; (e) the physical and mental impulse of the victim is heavy; (e) the victim wants to punish the defendant; and (e) the family of the defendant causes additional mental suffering to the victim in the course of pursuing the agreement between the defendant; and (e) the crime of so-called “col violence” like the crime of this case, was sentenced to a somewhat

In light of the sentencing conditions revealed in the records and arguments of this case, the sentencing of the court below is justified, and the sentence determined by the court below is not too heavy beyond the scope of reasonable discretion.

The Defendant, at the time of the trial, recognized the instant crime at latest.

However, the judgment of the court below is reversed and the punishment against the defendant is to be newly determined solely on the grounds that the defendant led to confession, considering the details and contents of the crime in this case and the circumstances after the crime.

arrow