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(영문) 대전고등법원 (청주) 2020.02.13 2019노234
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The sentence of the lower court (12 years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the part of the Defendant case, the lower court: (a) considered the fact that the Defendant appears to have committed the instant crime, the Defendant was sentenced to seven years of imprisonment on November 14, 2014; (b) considered that the Defendant committed the instant crime on the part of the instant case; (c) committed rape by using dangerous articles against the victim, who was a customer with a view to finding a late convenience point; and (d) committed rape and rape by using a deadly weapon; and (e) committed the instant crime; (c) committed multiple violent and violent crimes; and (d) committed the instant crime during the period of repeated offense; and (e) committed the instant crime on the grounds that the Defendant was sentenced to imprisonment with prison labor for more than seven years on the grounds of the crime of violation of the Punishment of Sexual Crimes and Protection of Victims (Special Robbery, etc.); (d) committed the instant crime under the condition of attaching an electronic tracking device; (e) did not reach an agreement with the victim and the victim was sufficiently punished; and (e) took into account the age, character and conduct, motive and circumstances of the Defendant;

In full view of the factors that serve as the conditions for sentencing as revealed in the sentencing review process of the lower court, the lower court’s determination of sentencing has exceeded the reasonable bounds of its discretion.

Furthermore, there are no circumstances suggesting that the lower court’s grounds for unreasonable sentencing asserted by the Defendant and the Prosecutor in this court are already considered in determining the Defendant’s punishment and, in addition, there are no circumstances suggesting that the lower court’s decision on the sentencing is unreasonable even when comprehensively considering the materials presented during the sentencing hearing

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

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