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(영문) 서울고등법원 2020.10.22 2020노966
강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The lower court, on the grounds that the crime of this case was committed against the students who were committed by the Defendant, and the nature of the crime was bad, and the Defendant denied the crime of this case and continuously inflicted pain on the victims, and did not have been used on the victims, determined a punishment within the scope of recommended punishment by the Sentencing Committee of the Supreme Court in consideration of the favorable circumstances to the Defendant, given that the Defendant had no record of punishment for the same crime and there was no record of being sentenced to a fine exceeding the fine, and there was no record of being sentenced to a fine.

The sentencing of the lower court appears to have been appropriately determined taking into account the aforementioned various circumstances, and there is no new circumstance or special change in circumstances that could be reflected in the sentencing after the pronouncement of the lower judgment (i.e., the Defendant was made late in the first instance court, and the background and content of the instant crime, and the progress of the trial, etc.; however, in light of the background and contents of the instant crime, such circumstance alone cannot be deemed as having been reflected in the sentencing conditions; rather, the victims have suffered pain in the first instance trial. Furthermore, considering the seriousness of the crime committed by the Defendant, it is difficult to deem that the circumstance, such as the Defendant’s dependent, or his school building, etc., is likely to change the sentencing of the lower court. Furthermore, considering all the sentencing conditions indicated in the arguments, such as the Defendant’s age, character and behavior, environment, family relationship, criminal records, criminal records, results, and the circumstances after the crime, it cannot be deemed that the lower court’s punishment

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

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