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(영문) 광주고등법원(제주) 2020.11.25 2020노71
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable;

2. Determination

A. In a case where there is no change in the conditions of sentencing compared to 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 the sentencing of the first instance court as an appellate court.

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

In light of the above legal principles, this case is examined.

The circumstances alleged by the Defendant as an element of mitigated sentencing have already been revealed in the hearing process of the lower court and sufficiently taken into account, and no particular change in circumstances was found in the matters subject to sentencing after the sentence of the lower judgment.

(1) In addition, considering the following factors: (a) the Defendant’s age, career, character and conduct, environment, motive and circumstance of the crime, the circumstances after the crime, etc.; and (b) the sentencing guidelines set by the Supreme Court’s sentencing committee, the sentencing of the lower court, taking into account not only the circumstances unfavorable to the Defendant, but also the favorable circumstances, should be respected as it takes place within the reasonable scope of discretion, and thus it is reasonable to respect the sentencing of the lower court so that it is difficult to see that the sentencing of the lower court is too unreasonable because it is too too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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