(영문) 부산고등법원 2020.12.23 2020노259 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2020.12.23 2020노259

강간

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of committing the crime of mental illness, the Defendant was under the influence of alcohol, thereby lacking the ability to discern things or make decisions. 2) The sentence of unfair sentencing (one year and six months of imprisonment, two years of suspended execution, etc.) of the lower court is too unreasonable.

B. Prosecutor’s unreasonable sentencing: The lower court’s sentence is too unjustifiable and unreasonable.

2. Determination

A. According to the record as to the Defendant’s claim of mental disability, it does not seem that the Defendant had the ability to discern things or make decisions at the time of committing the instant crime, in light of the background leading up to the instant crime, the means and methods of the instant crime, and the Defendant’s behavior and circumstances before and after the instant crime.

This part of the defendant's assertion is without merit.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the relevant legal principles refer to the cases where the sentence of the lower court is too heavy or too minor in light of the content of the specific case. In a case where there is no change in the conditions of sentencing compared to the lower court, and the sentencing of the lower court does not deviate from the reasonable scope of the discretion, the appellate court is reasonable to respect the sentencing of the lower court. On the other hand, in the event that the lower court’s sentencing judgment was deemed to have exceeded the reasonable bounds of the discretion, or where there are circumstances where it is deemed unfair to maintain the sentencing of the lower court in full view of the materials newly discovered in the course of the appellate court’s sentencing hearing, etc., or where it is deemed unfair to maintain the sentencing of the lower court in full view of the materials established in the course of the appellate court’s sentencing hearing, the appellate court shall reverse the unfair judgment of the lower court (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015).

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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