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(영문) 서울서부지방법원 2019.11.21 2019노1202
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, 80 hours after completion of sexual assault treatment programs, and 5 years) imposed by the lower court is too unreasonable.

2. In a case where 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, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant led to the confession of each of the instant crimes and reflects on the Defendant’s family members, such as the Defendant’s birth of the Defendant’s wife, is the most favorable circumstance for the Defendant.

However, each of the crimes of this case is not only a female victim who was entirely aware of, but also a dangerous object, and also a intimidation, but also an indecent act by force on the victim who was frighten of, such a crime, the nature and circumstances of the crime are not good, and the victim did not receive a letter from the victim.

In addition, even though the Defendant had been punished for the crime of rape, etc. even in 2012, the Defendant once again displayed his distorted gender concept as the instant crime. The circumstances that the Defendant was under the influence of alcohol at the time are difficult to consider, and the physical injury suffered by the victim is not so significant.

Even if the mental shock of the victim due to the instant crime appears to be so much as to make it difficult for those who did not experience, there are no special changes in circumstances to change the sentence of the lower court after the sentence of such circumstances and the lower judgment, and the Defendant’s age, character, character, environment.

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