logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 (청주) 2020.05.28 2019노277
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The sentence of the lower court (a long-term two years and six months of imprisonment, a short-term two years of imprisonment, etc.) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The lower court determined the Defendant’s punishment by comprehensively taking account of the following factors: ① the Defendant’s first day of the instant case’s crime of quasi-rape with the victim, who had a drinking place with the victim who was a child or juvenile, and had a drinking place on the day of the instant case, and the Defendant was highly mentally shocked, such as: (a) the victim did not easily sleep and feel sacrificide; (b) the Defendant did not receive a sacrificide from the victim; (c) the Defendant’s act of committing the instant case; (d) the Defendant recognized and opposed to the Defendant; (c) the Defendant was a juvenile; (d) the Defendant was a juvenile; and (e) the Defendant was deemed to have no record of criminal punishment; and (e) the Defendant’s parent and his/her sibling were deemed to have been publicly announced by social ties relations, such as the Defendant’s age, character and behavior; (e

When comprehensively considering the conditions of sentencing, sentencing criteria, etc. specified in the sentencing review process of the lower court, it cannot be deemed that the lower court’s judgment exceeded the reasonable bounds of its discretion.

Furthermore, the grounds for unfair sentencing alleged by the Defendant and the Prosecutor in this court are already considered by the lower court in determining the Defendant’s punishment, and there are no new circumstances or changes in circumstances that are reflected in the sentencing in the appellate court.

The defendant and prosecutor's argument of unfair sentencing is not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed as it is without merit.

arrow