(영문) 수원고등법원 2020.10.14 2020노374 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원고등법원 2020.10.14 2020노374

준강간

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the lower court (two years and six months of imprisonment) is excessively unreasonable.

B. Prosecutor 1) The above sentence of the lower court’s unfair sentencing is unreasonable as it is excessively uneasible and unfair. 2) The lower court’s exemption from the order to disclose and notify personal information and the order to disclose and notify personal information of the accused during the period of restriction on employment is unreasonable inasmuch as there are no special circumstances that may not disclose the accused’s personal information during the period of restriction on employment. The lower court’s exemption from the order to disclose

2. Determination

A. 1) In a case where there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect the sentencing of the first instance court (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). 2) The instant crime is deemed to have sexual intercourse with the victim by taking advantage of the victim’s state of avoiding her ability to resist, under the influence of the Defendant, or by taking advantage of the victim’s state of failing to resist.

Although the victim appears to have received a considerable sense of sexual humiliation and mental impulse due to the crime of this case, the defendant did not take any measures to recover the damage of the victim, and did not receive a letter from the victim or did not reach an agreement.

On the other hand, the defendant shows an attitude against the defendant, recognizing all of the crimes of this case.

There is no record that a defendant exceeds a fine or has been punished as a sexual crime.

In full view of the following circumstances as well as the Defendant’s age, character and conduct, environment, family relationship, motive and background, means and consequence of the crime, and the circumstances after the crime, it is not determined that the sentence of the lower court is too somewhat weak or unreasonable.

The defendant and prosecutor's argument in this part are all.

참조판례

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

유사 판례

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