(영문) 서울고등법원 2020.10.15 2020노1315 | 리걸엔진

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줄 간격

자간(%)

(영문) 서울고등법원 2020.10.15 2020노1315

강간등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The sentencing of the lower court is too unreasonable because of the gist of the grounds for appeal.

2. The crime of rape and intimidation in this case, when considering the following facts: (a) the crime of rape and intimidation in this case committed by the Defendant was committed by assaulting and threatening the victim three times, and subsequently, by threatening the victim to inflict harm on the victim; (b) the nature of the crime is not good; (c) the victim appears to have suffered considerable mental impulse and pain due to the crime committed by the Defendant; and (d) the crime of habitual gambling in this case was committed by remitting money exceeding KRW 179,00,000 to the Internet private gambling site in excess of the total amount of KRW 29,00,000,000, to gambling in casino games, it is necessary to strictly punish the Defendant.

However, the court below's punishment is too unreasonable, considering the fact that the defendant has recognized all of the crimes of this case when he was in the trial, the defendant has committed the crimes of this case, the defendant has no criminal record of being punished in excess of the fine, the defendant has agreed with the victim when he was in the trial, and the victim does not want the punishment of the defendant, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is justified.

【The reasons for the judgment of multiple times】 The facts constituting the crime and the summary of the evidence recognized by the court below and the summary of the evidence are stated in the corresponding columns of the judgment of the court below, except where the "1. partial statement of the defendant" in the summary of the evidence stated in the judgment of the court below is used as "1. The defendant's trial testimony".

참조조문

-형사소송법 제364조 제6항

유사 판례

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