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(영문) 부산고등법원 2020.09.16 2020노329
강도강간미수등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal - the sentence of unfair sentencing (one-year imprisonment, etc.), the Defendant and the person requesting the attachment order (hereinafter referred to as “defendants”) asserted that the Defendant and the person requesting the attachment order (hereinafter referred to as “defendants”) are too unreasonable and unfair, and the prosecutor asserts that it is too uneasible

2. Determination on the part of the defendant's case

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.

In this case, the sentence of the court below against the defendant is too heavy or too uncomfortable in light of the contents of the specific case.

1. The Defendant intrudes into the residence of the victim B who does not have any connection with the victim, and tried to dyp the face, chest, clothes, etc. of the said victim at a multiple times, and forced the said victim to go off, and attempted to rape, and took off the said victim’s face, chest, clothes, etc., as a complete resistance of the said victim, and took the cash from the said victim.

The above victim suffered injury in the process of cutting down the bones of left side.

The Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be punished by imprisonment for life or for a limited term of not less than ten years.

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