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(영문) 부산고등법원 2018.11.07 2018노505
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

The defendant's appeal is dismissed.

Reasons

1. With respect to the part of the case of the Defendant, the lower court sentenced the prosecutor’s request regarding the part on which the request for attachment order was filed, and the part on which the request for attachment order was filed was appealed only by the Defendant, and thus, the part on which the request for attachment order was filed does not have any interest in the appeal, and thus, the part on which the request for attachment order was filed is excluded from the scope of this court’s trial notwithstanding Article 9

2. The gist of the reasons for appeal is that the lower court’s punishment (a prison term of six years, 120 hours) is too unreasonable.

3. Determination

A. The sentencing guidelines established by the Sentencing Committee on the basis of Articles 81-2 and 81-6 of the Act on the Organization of Courts for the Determination of Sentencing (hereinafter “Sentencing guidelines”) are “reasonable, concrete, and objective setting” through the “procedures prescribed by the Act” and “public disclosure”. Judges shall respect the selection of the types of punishment and the determination of the sentence (see Articles 81-2 through 81-12 of the Act on the Organization of Courts). Where the court intends to enter the grounds for the sentencing in the written judgment in light of the sentencing guidelines and the effect, etc. of the sentencing guidelines, it shall enter the grounds for the sentencing in a way that expresses the reasonable and persuasive reasons for the sentencing in question (see, e.g., Supreme Court Decision 2010Do7410, Dec. 9, 2010).

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