(영문) 부산고등법원 2020.04.02 2019노609 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2020.04.02 2019노609

강제추행등

Text

Defendant

In addition, an appeal filed by a person subject to attachment order or a person subject to probation order shall be dismissed.

Reasons

1. The summary of the grounds for appeal: An unreasonable sentencing sentence imposed by the court below on the defendant and the person requesting an attachment order or the person requesting a probation order (hereinafter “defendants”) is too unreasonable.

2. Determination

A. The instant crime on the assertion of unfair sentencing is that the Defendant committed an indecent act by force by force by force on the part of women on board a taxi that he/she operated by by force.

The lower court determined the sentence against the Defendant by taking into account the following factors: (a) the crime of this case is considerably poor; (b) the victim appears to have failed to actively resist due to fear due to the nature of the place where the crime of this case was committed; (c) the Defendant was sentenced to a prison sentence for the crime of indecent act by compulsion; (d) the Defendant had the record of having been punished several times due to sexual assault, including the force of serving a prison sentence for the crime of indecent act by compulsion; and (e) the Defendant committed the crime of this case even during the period of repeated crime and the suspension of execution due to previous crimes; (c) the Defendant committed the crime of this case: (d) the Defendant was led to the confession of the Defendant; (e) the

The sentencing of the lower court appears to have been determined appropriately by fully taking into account the above various circumstances, and there is no special change in circumstances to be assessed differently from the sentencing conditions of the lower court until the trial is held.

In addition, considering all the sentencing conditions shown in the pleadings, such as the defendant's age, character and conduct, criminal records, circumstances and details of the crime, etc., it cannot be deemed that the sentence imposed by the court below is too unreasonable to escape the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

(b) A prosecutor who makes a request for an attachment order and makes a judgment on the case of a request for a probation order.

유사 판례

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