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(영문) 광주고등법원 2021.01.21 2020노205
준강간
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing on the gist of the grounds of appeal is too unreasonable.

The Defendant withdrawn misunderstanding of facts and misapprehension of legal principles on the first trial date.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the court below, and where the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances alleged by the defendant in this court as the sentencing element are already discovered in the hearing process of the court below, or the court below appears to have taken into account in determining the sentence against the defendant, and there is no particular change in the situation in the sentencing guidelines with the matters subject to the conditions of sentencing after the court below was sentenced

The lower court took into account the circumstances favorable to the Defendant that the Defendant committed the instant crime in a contingent manner while drinking, and further, the lower court was in a state of mental and physical weakness at the time of the Defendant.

It does not seem that it does not appear.

Although the defendant recognized the crime that was denied by the court below for the first time in this court, it is difficult to regard it as a change in circumstances that could change the sentence of the court below.

When the court below comprehensively takes into account the defendant's age, sex, environment, family relation, motive, means and result of the crime, relationship with the victim, circumstances after the crime, etc., and the conditions of sentencing and the scope of the recommended sentencing guidelines as stated in the proceedings and records of this case, such as the defendant's age, sexual behavior, environment, family relation, motive, means and consequence of the crime, the relationship with the victim, circumstances after the crime, etc., even considering the various circumstances that the defendant is living on the grounds of appeal, the court below's sentencing (including incidental dispositions such as community service order

The defendant's age, occupation, environment, background leading to the crime, motive and method of the crime, attendance order, and employment restriction order, which are acknowledged by the evidence duly adopted and investigated by the court below.

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