(영문) 서울고등법원 2014.10.23 2014노2102 | 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) 서울고등법원 2014.10.23 2014노2102

성폭력범죄의처벌등에관한특례법위반(강간등살인)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) The sentence imposed by the lower court on the Defendant (eight years of imprisonment) is too unreasonable.

(2) Although there are special circumstances under which disclosure or notification of personal information should not be disclosed or notified to the illegal defendant of the disclosure or notification order, it is improper for the court below to order the defendant to disclose or notify personal information.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. (1) As to the Defendant’s and the Prosecutor’s assertion of unfair sentencing, the Defendant tried rape against the victim and did not know about the victim’s intent to murder during the long-term period.

In light of the method of committing the crime of this case and the method of committing the act by which the police officers dispatched after receiving a report from the victim and the police officers with a long-time knife with the knife, knife, etc., the victim suffered serious physical and mental distress due to this case, and the victim seems to have suffered serious physical and mental distress due to this case, and the defendant had a criminal record of a sexual crime committed against the defendant, etc., which are disadvantageous to the defendant.

However, the circumstances favorable to the defendant include the fact that the defendant is both aware of and against all of the crimes in this case, the fact that all of the crimes were committed, the fact that the crime was committed, and the fact that the victim stated to the effect that he would not be punished with severe punishment against the defendant.

In full view of the above circumstances, other factors of sentencing as shown in the argument of the instant case, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, and the sentencing guidelines for the enactment of the Supreme Court’s sentencing committee, the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's allegation of unfair sentencing.

유사 판례

-서울고등법원 2013.10.17 2013노2473

-부산고등법원 2014.09.24 2014노368

-서울고등법원 2015.01.22 2014노3337

-서울고등법원 2014.11.06 2014노2443

-서울고등법원 2013.10.17 2013노2588