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(영문) 부산고등법원 2020.01.08 2019노491
준강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four years of imprisonment) is too unreasonable.

2. Determination

A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

We examine whether the sentence of the lower judgment, which returned to the instant case, is too unreasonable in light of the substance of the specific case.

1. The court below takes account of ① the following circumstances: (a) the defendant conspireds with the victim several times with the victim; (b) the defendant committed an inhuman violence for five hours; and (c) the victim has been forced to do so; (d) the victim has been unable to resist due to such violence; (c) the defendant attempted to threaten the victim by using the victim's weak points; (d) the victim has invaded upon the victim's residence; (e) the victim has suffered significant bodily injury; and (e) the victim could have suffered significant mental suffering from extreme fear and sense of sexual humiliation, etc.; and (e) the defendant partly committed the crime.

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