logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2019.01.25 2018노490
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for three years, orders to complete sexual assault treatment programs 40 hours, orders to disclose and notify a period of three years (the summary of sex crimes notified to the public are limited to indecent act by compulsion as indicated in the judgment), and orders to restrict employment for five years is too unreasonable.

2. Determination of the grounds for appeal on the basis of statutory penalty is a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, on the basis of statutory penalty.

However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the sentencing of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing specified in the process of the first instance sentencing review and the sentencing criteria, or where it is deemed unfair to maintain the first instance sentencing judgment in full view of the materials newly discovered in the course of the appellate court’s sentencing review, etc.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court sentenced the Defendant to the aforementioned sentence on the grounds of sentencing as indicated in its reasoning of sentencing. Of the grounds of appeal asserted by the Defendant, the circumstances pertaining to the motive and circumstance of the crime, which the Defendant had no record of criminal punishment in the past among the grounds of appeal, and that the Defendant committed the instant crime by drinking to the victims who were aware of the fact that he had been sexually committed the instant crime, and the circumstances surrounding the circumstances following the crime that the Defendant deposited a certain amount for the victim D, are old and healthy, and the Defendant committed the instant crime.

arrow