(영문) 서울고등법원 2016.10.07 2016노2216 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2016.10.07 2016노2216

강간등

Text

Defendant

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

Reasons

1. The lower court dismissed the public prosecution on the grounds that the victim C had expressed his/her intent not to be punished after instituting the instant public prosecution regarding intimidation among the facts charged in the instant case, and subsequently dismissed the prosecutor’s request to attach an attachment order against the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”).

The part of the defendant's case which the defendant appealed against the conviction among the defendant's case, and the prosecutor appealeds against the dismissal part of the defendant's case and the request for attachment order, and the dismissal part of the public prosecution among the defendant's case is not appealed, and the above dismissal part of the public prosecution is separated and confirmed as it is. Thus, only the part of

2. Summary of grounds for appeal;

A. The sentence of the lower court (two years and six months of imprisonment, and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. Prosecutor 1) The lower court’s sentence of unreasonable sentencing is unreasonable as it is too uneasible and unfair. 2) It is unreasonable for the lower court to dismiss the prosecutor’s request for an attachment order against the Defendant who suffered a higher risk of recidivism.

3. Determination

A. In a case where there is no change in the conditions of sentencing compared with the first instance court on the part of the accused case, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at a trial and the lower court. In full view of all of the sentencing grounds stated by the lower court, it is difficult to deem that the lower court’s sentencing against the Defendant is too heavy or unbrupted, thereby exceeding the reasonable scope of discretion.

The defendant and prosecutor's arguments on unfair sentencing are inappropriate.

참조판례

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

유사 판례

-서울고등법원 2016.10.21 2016노2236

-광주고등법원 2020.10.22 2020노272

-광주고등법원 2020.05.21 2020노60

-서울고등법원 2016.05.13 2016노569

-서울고등법원 2014.10.23 2014노2407