(영문) 서울고등법원 2015.11.27 2015노2771 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2015.11.27 2015노2771

감금등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment is too unreasonable, and thus the prosecutor appealeds from each of the grounds that the lower court’s punishment is too uneasible and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, in light of the following: (a) the crime of this case was committed by rape or rape of the women who want to engage in sexual traffic in distress through the forged police certificates and the police plesculing apps purchased on the Internet using smartphones and the plesculing apps; (b) the Defendant committed each crime of this case in a planned manner; (c) the Defendant took photographs of the victims’ body against their will; and (d) the victims might have caused considerable mental shock and sexual humiliation due to the crime of this case.

All of the crimes of this case are recognized by the defendant, and there is no record of criminal punishment against the defendant, the victims do not want the punishment against the defendant by mutual consent with the victims, and the defendant paid additional damages to the victim E in the trial and made additional agreements, etc. are favorable to the defendant.

In this regard, considering the Defendant’s age, character and conduct, family environment, motive and background leading to the instant crime, circumstances before and after the instant crime, etc., as well as the application of sentencing guidelines by the Supreme Court Sentencing Committee, even if considering the aforementioned additional agreement in the trial, it cannot be deemed unfair or unreasonable since the Defendant’s punishment imposed by the lower court is too unreasonable and unreasonable. Thus, the Defendant and prosecutor’s above assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, the judgment of the court below shall be applied.

참조조문

-형사소송법 제364조 제4항

유사 판례

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