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(영문) 수원고등법원 2020.10.15 2020노410
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

The defendant's appeal is dismissed.

Reasons

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

2. In a case where the appellate court did not change the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In this case, there is no change in the sentencing conditions in the appellate court compared to the lower court.

The defendant appears to have committed the crime of this case, and the defendant has committed the crime of this case, and there is no record of criminal punishment, etc. are favorable to the defendant.

However, on the day of the instant crime, the Defendant attempted to rape the victim who was a juvenile at the first time after drinking the alcohol to a hotel, and added the victim's fingers to the victim's resistance several times in the process, and the nature of the instant crime is not good in light of the circumstances, contents, and result, etc. of the instant crime, the victim suffered serious physical and mental shock and pain due to the instant crime, and the Defendant cannot be deemed to have made every effort to recover the victim's damage, and considering the circumstances unfavorable to the Defendant, such as the fact that the victim did not receive a suspicion from the victim, and other conditions of sentencing as shown in the instant trial process, the lower court's punishment is too excessive beyond the reasonable scope of discretion, and it cannot be deemed unfair.

3. As such, the defendant's appeal is dismissed as there is no ground.

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