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(영문) 서울고등법원 2020.11.13 2020노904
준강간
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and two years and six months) imposed by the lower court is too unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, as indicated in its holding, determined the sentence against the Defendant by comprehensively taking account of all favorable circumstances and unfavorable circumstances for the Defendant.

Recognizing that the sentence of the lower court is determined properly in full taking into account the important circumstances, it is difficult to see that the lower court’s sentence was to be mitigated at the time of considering evidence relations, and there is no change of circumstances that could reduce the sentence of the lower court in the first instance, such as where the Defendant led to the confession of the facts charged in the instant case, which the Defendant had denied from the trial to the previous trial, but it is difficult to see that the Defendant

In full view of such circumstances and the Defendant’s age, character and conduct, motive, means and consequence of the crime, and all the factors of sentencing as indicated in the instant pleadings, such as the circumstances before and after the crime, it is reasonable to respect the sentencing of the lower court on the grounds that the sentence imposed by the lower court is too unreasonable and it does not seem to have exceeded the reasonable scope of discretion given to the lower court

Therefore, the defendant's assertion is not accepted.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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