logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.04.23 2019노2522
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable;

2. The lower court determined that the instant crime was committed by threatening the victims to spread their body photographs, etc., and thereby committing sexual intercourse or taking money from the victims. Although there was a record of being sentenced to a fine three times prior to the instant crime, the instant crime was committed again, despite having been sentenced to the suspension of indictment due to the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kamerla, etc.) on the Punishment, etc. of Sexual Crimes, and, in particular, the previous crime or the crime of extortion was committed in the same or similar manner as the instant crime, which is unfavorable to the Defendant, the Defendant was sentenced to a punishment within the scope of the recommended sentencing guidelines set by the sentencing committee of the Supreme Court, taking into account the circumstances favorable to the Defendant, such as the fact that there was no criminal punishment for sex crimes and there was no criminal punishment exceeding the fine.

The sentencing of the lower court appears to have been appropriately determined taking into account the above various circumstances, and there is no new circumstance or special change in circumstances that can be reflected in the sentencing after the sentence of the lower judgment.

In addition, considering the various circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive and means of the instant crime, circumstances after the instant crime, and the result of the judgment prior to the probation office, it cannot be deemed that the lower court’s punishment is too heavy to the extent that it exceeds the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

arrow