(영문) 대전지방법원 2018.05.16 2017노2847 | 리걸엔진

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(영문) 대전지방법원 2018.05.16 2017노2847

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant, who was physically and mentally weak, was under the influence of alcohol.

B. The punishment sentenced by the lower court (the amount of KRW 3 million) is excessively unreasonable.

2. Determination:

A. In light of the record of judgment on the assertion of mental and physical weakness, the Defendant committed the instant crime under the lack of the ability to discern things or make decisions at the time of committing the instant crime.

Therefore, the defendant's mental and physical weakness are without merit.

B. It is desirable to refrain from rendering a judgment of the first instance court by destroying the judgment of the first instance court solely on the ground that the sentencing of the first instance does not change the conditions of sentencing compared with the judgment of the first instance court on the unfair argument of sentencing, and that the sentencing of the first instance does not deviate from the reasonable scope of discretion, while the sentence of the first instance falls within the reasonable scope of discretion, even though the opinion of the appellate court is somewhat different from the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, in light of the foregoing, the lower court determined a punishment within a reasonable scope by sufficiently considering the overall circumstances concerning the sentencing of the Defendant, and the lower court did not change the conditions of sentencing when compared with the judgment of the lower court on the grounds that there is no reason to newly consider the Defendant’s sentencing in the first instance court.

Therefore, the defendant's improper assertion of sentencing cannot be accepted.

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

참조판례

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

유사 판례

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