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(영문) 부산고등법원 2019.10.16 2019노307
준강간치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant) is too unreasonable that the punishment imposed by the court below (the punishment of three years of imprisonment and the orders to complete sexual assault treatment programs with forty hours of imprisonment) is too unreasonable.

2. Determination

A. (1) The relevant legal doctrine on the Defendant’s assertion of unfair sentencing refers to the case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (2) A normal defendant, who is favorable to the judgment (A), has recognized his or her act of quasi-rape since the investigative agency, and has recognized the result of the injury inflicted upon the victim

The circumstances leading to the crime of this case are somewhat contingent while under the influence of alcohol.

The defendant is an initial offender who has no criminal power so far.

As the family members and branch members of the defendant want to observe the direction so that they do not repeat the crime through the attention of the defendant in the future, they want to keep the defendant's wife.

(B) Unfavorable circumstances, however, the instant crime was committed after the university, where the Defendant was under the influence of alcohol in his own new wall time.

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