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(영문) 서울고등법원 2021.01.15 2020노1938
미성년자의제강간
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The sentence sentenced by the lower court (two years and six months, etc. of imprisonment) is too unreasonable.

2) Although there are special circumstances under which disclosure notification order and employment restriction order should not be disclosed or restricted, it is unreasonable for the court below to order the defendant to disclose the personal information to the public and to restrict employment.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. Determination

A. If there is no change in the conditions of sentencing compared to the first instance court’s determination on each of the unfair arguments of sentencing by Defendant and the prosecutor, and the sentencing by the first instance court does not deviate from the reasonable scope of discretion, the appellate court should respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, as indicated in its holding, determined the Defendant’s punishment by taking full account of all the circumstances favorable to the Defendant and unfavorable circumstances.

The sentence of the court below is recognized to have been appropriately determined in consideration of the important circumstances in full, and there is no change in the sentencing conditions that can change the sentence of the court below in the depth.

In full view of such circumstances and the Defendant’s age, sexual conduct, motive, means and consequence of the crime, and all the sentencing factors as shown in the instant pleadings, including the circumstances before and after the crime, the sentence imposed by the lower court is too minor or minor, and is in excess of the reasonable scope of discretion given to the lower court.

It does not appear.

Therefore, each of the defendant and the prosecutor's argument of sentencing is not accepted.

B. The defendant's age, occupation, family relation, health status, criminal records, degree of risk of recidivism, disclosure notification order, and employment restriction order, which are acknowledged by the court below, based on the evidence duly adopted and examined by the court below, as a whole, as well as the degree of disadvantage and anticipated side effects of the defendant's entry.

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