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(영문) 서울고등법원 2019.05.24 2019노278
준유사강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment, etc.) on the summary of the grounds for appeal is too unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect it.

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, as stated in its holding, determined a punishment in consideration of the favorable circumstances and unfavorable circumstances for the Defendant, and recognized that the lower court’s punishment was determined as appropriate in full view of the important circumstances.

Although the Defendant made a confession as to the quasi-rapeing crime that was denied until the previous time in the trial, in light of the evidence relationship, etc., it does not constitute a ground to reduce the sentence of the lower court, and there is no change in the sentencing conditions that may change the sentence of the lower court in the trial.

In full view of these circumstances and the sentencing conditions as shown in the records and arguments of this case, it is reasonable to respect the sentencing of the lower court since the sentence of the lower court was not determined to have exceeded the reasonable scope of discretion given to the lower court, and thus, the Defendant’s assertion is not acceptable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition

[However, pursuant to Article 25(1) of the Regulations on Criminal Procedure, Article 56(1) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) shall be amended ex officio by correcting “the main text of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse” (amended by Act No. 15452, Mar. 13,

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