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(영문) 부산지방법원 2019.01.18 2018노2812
성폭력범죄의처벌등에관한특례법위반(비밀준수등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant, determined the sentence against the Defendant.

The circumstances asserted by the defendant as the reasons for appeal, such as economic circumstances and health conditions, appear to have been already considered in the sentencing process of the original court, and there is no change in the sentencing conditions that can be considered in the trial.

In addition, considering the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, and equity in sentencing, etc., the lower court’s punishment is deemed reasonable and does not seem to be too heavy beyond the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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