Defendant

Defendant

He/she shall hold a public trial, such as prosecution and a trial.

Attorney Shin Jin-affiliated (Korean Office)

Suwon District Court Decision 2019Gohap147 Decided February 14, 2020

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

The sentence sentenced by the court below is too unreasonable (seven years of imprisonment, etc.) (the defendant argued to the effect that "no person has inserted his sexual organ" and that he denied the main part of the crime on the second day of the appeal period, which was later than the deadline for legitimate grounds of appeal. In light of the evidence duly adopted and examined by the court below, the judgment of the court below which found the defendant guilty of the crime in the judgment below is justified, and there is no error of misunderstanding of facts or misunderstanding of legal principles).

2. Determination on the grounds for appeal

If there is no change in the conditions of sentencing compared to the original judgment in the appellate court, and the sentencing of the original court does not deviate from the scope of reasonable discretion, it is reasonable to respect it (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015, etc.).

In light of the fact that the Defendant initially committed a crime in the past, and appears to have committed a mistake, it appears that there was no history of punishment exceeding the fine in the past, and that there was no additional crime against the victim as a single-time crime. The fact that it seems that prior to the instant crime, it appears that the Defendant had maintained a relatively long-term family life is favorable to the Defendant.

However, the instant crime was committed in the room of the victim, who is a shesheshel’s father, and was sexual intercourse with the victim, and the crime is not good in light of the relationship with the victim, the details of the crime, and the method of the crime. The victim, from time to time due to the instant crime, should live together with the mental suffering and the state that it is extremely difficult to recover from the point of view of suicide, and the mother of the victim also suffers from the mental suffering and the suffering from the dissolution of the family. Nevertheless, the Defendant did not receive a letter from the victim, and even from the investigative agency to the lower court, denied the main contents of the crime, thereby causing double pain to the victim.

In full view of such unfavorable circumstances as the Defendant’s age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime was committed, and other various conditions of sentencing as shown in the records and arguments, the sentence of the lower court cannot be deemed to have exceeded the reasonable scope of discretion by excessively unaging the sentence of the lower court.

Defendant’s assertion is difficult to accept.

3. Conclusion

The defendant's appeal is dismissed as it is without merit.

Judges Nohyeong (Presiding Judge)