(영문) 수원지방법원 2020.11.12 2020노4476 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.11.12 2020노4476

준강제추행

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the judgment of the court of first instance against the defendant (the imprisonment of six months, the completion of the sexual assault treatment program for forty hours, and the restriction on employment between three years) is too unreasonable.

(b) The sentence of the first instance judgment against the Defendant by the Prosecutor is too unhued and unreasonable;

2. In a case where there is no change in the conditions of sentencing compared with 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, there is no fundamental change in sentencing conditions, such as: (a) no new sentencing data is submitted in the trial; and (b) no new sentencing data are specifically indicated in the judgment of the first instance court; and (c) there is no record of a crime in favor of the accused (the degree of indecent act is severe; and (d) no record of the victim’s suspicion and reflectivity is maintained; and (e) there is no fundamental change in sentencing conditions.

In addition, comprehensively taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence of the offense, and the circumstances after the offense, etc., the sentencing of the court of first instance is deemed to be excessively heavy or unreasonable because the sentencing of the court exceeds the reasonable scope of discretion.

Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.

3. The appeal by the defendant and the prosecutor are without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

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