(영문) 부산고등법원 2016.11.24 2016노549 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2016.11.24 2016노549

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment of the lower court (two years and six months of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

Prosecutor: The lower court’s sentence is so unfluent that it is unfair, and the Defendant was also exempted from the disclosure and notification order.

2. In full view of the facts and sentencing guidelines revealed in the sentencing review process of the court below, it cannot be evaluated that the judgment of the court below that the primary sentencing factors, such as the course and method of the instant crime, the personal relationship between the defendant and the victim, the behavior of the defendant after the commission of the crime, the victim's mental suffering, the victim's failure to punish the defendant, and the defendant's reflective and criminal records, etc., exceeded the reasonable bounds of the court below's discretion, and there was no or lack of circumstances or materials to deem that maintaining the sentencing of the court below is improper in the course of the above sentencing review (the fact that the defendant paid an additional amount of five million won to the victim at the court below does not result in any change of circumstances that can reverse the judgment below). The defendant and the prosecutor's assertion of unfair sentencing is rejected.

In addition, the court below exempted the defendant from the order to disclose or notify personal information on the grounds stated in its reasoning after recognizing a special circumstance that may not disclose or notify personal information. In light of relevant evidence, pleading, legal principles, etc., the above judgment of the court below is just and there is no error such as misunderstanding of facts or misunderstanding of legal principles.

3. According to the conclusion, all appeals by the defendant and the prosecutor are dismissed.

(Article 364 (4) of the Criminal Procedure Act)

참조조문

-형사소송법 제364조 제4항

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