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(영문) 서울고등법원 2020.12.04 2020노1391
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

The request for the attachment order of this case is dismissed.

Reasons

【Defendant Case Part】

1. The summary of the grounds for appeal (unfair sentencing) asserts that the Defendant is too unreasonable on the grounds that the sentence imposed by the lower court (eight years of imprisonment, etc.) is too unreasonable, and the prosecutor asserts that the sentence imposed by the lower court is too uneasible and unfair.

2. If there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, as indicated in its holding, determined the sentence against the Defendant by comprehensively taking account of all favorable circumstances and unfavorable circumstances for the Defendant.

Recognizing that the lower court’s punishment was determined appropriately in full taking into account the important circumstances. Although it is difficult to view that the Defendant led to the confession of the facts charged in the instant case that the Defendant had denied from the trial to the previous trial, it would constitute a reason to reduce the sentence of the lower court by taking into account the evidentiary relationship, and there is no change in the sentencing conditions that could change the sentence of the lower court

Such circumstances and the defendant's age, character and conduct, motive, means and consequence of the crime, circumstances before and after the crime, and the range of recommending punishment according to the sentencing guidelines (two to nine years of imprisonment), while the defendant is punished by imprisonment with prison labor for a period of three years and six months in Seoul Western District Court on December 20, 2018 due to the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (commencing deceptive means, etc.) at the Seoul Western District Court on December 20, 2018, the scope of recommending punishment according to the sentencing guidelines is six to eleven years.

When this judgment becomes final and conclusive, the defendant shall live a prison life by adding up the suspended sentences after the sentence is invalidated.

In full view of all the sentencing factors indicated in the argument of the instant case, it does not seem that the sentence imposed by the lower court is too weak or unreasonable, thereby exceeding the reasonable scope of discretion given to the lower court.

Therefore, it is true.

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