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(영문) 서울고등법원 2020.09.24 2020노827
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for not less than two years and six months.

Defendant .

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court (three years of imprisonment with prison labor) is too unreasonable.

Judgment

Defendant

A The victim received the agreement from the defendant for recovery of damage and expressed his/her intention not to punish the defendant.

This constitutes a new circumstance that can be reflected in sentencing after the judgment of the court below is pronounced.

The Defendant was the first offender with no previous conviction, and the Defendant led to confession and reflect in depth on the instant crime.

The parents of the defendant are responsible for the guidance of the defendant and appeal against the defendant.

The defendant's friendships also want the defendant's wife.

Other conditions of sentencing revealed in the records and pleadings of this case, such as the Defendant’s age, character and conduct, environment, background and motive leading to the crime, and circumstances before and after the crime, are considered, the sentence of the lower court is somewhat unreasonable.

The defendant's assertion of unfair sentencing is justified.

Defendant

B The lower court, in light of the circumstances favorable to the Defendant, determined a sentence against the Defendant in consideration of the fact that the Defendant had no record of criminal punishment and has led to the confession of the instant crime, in light of the following: (a) the Defendant’s nature of the instant crime is bad, and is subject to age juveniles; and (b) the victim was subject to considerable impulse and wound; and (c) the victim was subject to criminal punishment against the Defendant.

The lower court determined the Defendant by fully taking into account various grounds for sentencing.

The character and conduct, environment, family relationship, circumstances after the crime and the state of the victim, etc. of the defendant, which can be recognized by the results of the judgment prior to the judgment conducted by this court, have already been fully considered in the sentencing

The judgment below

New circumstances or special changes are not discovered that can be reflected in the sentencing after the sentence.

The judgment of the court below shall determine the punishment against the defendant and the sentencing conditions.

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