(영문) 부산지방법원 2021.1.29. 선고 2020노3809 판결

The lower court determined the sentence against the Defendant, taking into account the circumstances favorable to the Defendant and unfavorable to the Defendant. In full view of all the circumstances that serve as the condition for sentencing in this court, the lower court’s determination of sentencing was judged to have exceeded the reasonable scope of discretion, or there is no special change in circumstances that make it possible to change the sentence of the lower court.

In addition, even if the sentencing grounds revealed in the proceedings of the instant case, such as the Defendant’s age, environment, background and consequence of the crime, etc., are comprehensively taken into account, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

3. Conclusion

Article 364 (4) of the Criminal Procedure Act provides that the appeal by a defendant shall be dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (However, the main sentence of Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 22, 2020).