(영문) 수원고등법원 2020.08.19 2020노40 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원고등법원 2020.08.19 2020노40

강간등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a term of four years) imposed by the court below is undue.

2. Determination

A. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court should respect the sentencing of the first instance court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

All of the crimes of this case are recognized by the defendant and are against the defendant, the victim AE has expressed his intention not to punish the defendant, and the remaining thief victims seems to have been returned, etc. are favorable to the defendant.

On the other hand, each of the crimes of this case is unfair for the following reasons: (a) the defendant joined B, a criminal organization aimed at committing violent crimes, and committed rape, as well as stolen property AB of the victim; (b) the nature and circumstances of the crime are not good; (c) the criminal organization to which the defendant was a member of the criminal organization may easily lead to the crime due to violence and collective nature; (d) may seriously undermine social peace and safety; (e) the victim of the crime of this case appears to have suffered considerable sexual humiliation and mental impulse and pain; (c) the victim of the crime of this case did not take any measures to recover damage of the victim; (d) the victim of the crime of this case and the victim of the larceny other than AE wanted to punish the victim of the crime of this case; and (e) the defendant committed the larceny of this case even though he had the record of receiving juvenile protective disposition several times of the same crime.

In full view of the following circumstances, the sentence of the lower court is too unreasonable, taking into account the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

-수원고등법원 2020.09.11 2020노483

-광주고등법원 (전주) 2019.11.05 2019노109

-울산지방법원 2020.11.13 2020노671

-광주고등법원 (전주) 2020.04.03 2019노275

-서울고등법원 2019.03.15 2018노3576