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(영문) 대전고등법원 2020.03.27 2020노2
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (five-year imprisonment) by the lower court is too unreasonable;

2. The lower court: (a) took into account the circumstances favorable to the Defendant, such as the fact that the Defendant led the instant crime and attempted to conceal the crime in the course of investigation, and that the Defendant recognized all of his criminal acts and reflects the fact that there was no criminal record of the same kind of crime or imprisonment in the lower court; (b) took into account the circumstances favorable to the Defendant; and (c) took into account the following factors, taking into account the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, and circumstances after the crime, etc., the sentence against

In full view of the following factors: (a) the lower court’s determination of sentencing did not evaluate that the lower court exceeded the reasonable bounds of discretion, and there is no change in the conditions of sentencing that can be deemed unfair to maintain the lower court’s determination, without considering the following factors: (b) the lower court’s lower court’s determination of sentencing was somewhat deviating from the lower limit of the recommended sentencing guidelines.

Therefore, the defendant's assertion is not accepted because the sentence of the court below is too unreasonable.

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

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