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(영문) 대전고등법원 2020.10.23 2020노283
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (six years of imprisonment, etc.) is too unreasonable.

It is improper to order the disclosure and notification of personal information to the defendant.

2. Determination

A. The lower court determined on the assertion of unfair sentencing, based on the following circumstances: (a) the Defendant appears to have committed each of the instant offenses; (b) the degree of injury the victim was not serious; (c) the nature of the crime is very good in light of the circumstances of each of the instant offenses or the manual; and (d) the likelihood of criticism is very high in light of the circumstances favorable to the Defendant; and (c) the Defendant showed a dynamic attitude that disregards the personality of the victim at the time of each of the instant offenses; and (d) the Defendant did not endeavor to recover from damage despite having inflicted mental suffering on the victim; and (c) the Defendant did not endeavor to recover from damage even after having suffered mental suffering, the lower court determined the Defendant to be sentenced to imprisonment with prison labor for six years, taking into account the Defendant’s age, character and behavior, environment, motive and background of the offense

In full view of the conditions of sentencing and the recommended sentencing guidelines set by the Sentencing Committee of the Supreme Court, there is no change in the conditions of sentencing that can be deemed unfair to maintain the judgment of the court below as it is, rather than deeming that the judgment of the court below exceeded the reasonable bounds of its discretion.

Therefore, it cannot be deemed that the sentence of the court below is too unreasonable because it is too large.

(1) The Defendant’s argument in this part is not reasonable because the sentence of the lower court is too unreasonable, on the ground that the Defendant’s refusal of a part of the crime during the trial process of the lower court, and this Court recognized the entire facts of the crime, and thus, does not completely recover damage to the victim, there is a limit to assessing the grounds for sentencing that change favorably to the Defendant in the trial proceeding.

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