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(영문) 서울고등법원 2020.01.28 2019노2279
강간등
Text

The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original sentence (three years of imprisonment, etc.) is too unreasonable;

2. Determination

A. Where there is no change in the conditions of sentencing compared to the judgment of the first instance court on the grounds of appeal, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect the sentencing of the first instance court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant is against the principle of good faith to recognize all of the instant crimes when the Defendant was in a trial.

There is no evidence to acknowledge that the defendant actually taken photographs, such as the body body of the victim mentioned in the crime of intimidation of this case.

There is no criminal offense against the defendant.

There are also some aspects to consider the defendant's family appearance.

However, the Defendant: (a) demanded the victim who wants to be a ties to maintain a ties; (b) raped the victim; and (c) threatened the victim as if he were aware of the victim’s body and other pictures.

Each of the crimes in this case is a bad crime in light of the aforementioned circumstances, contents, and methods of the crime.

The crime of this case seems to have suffered a considerable physical and mental suffering, and the mental suffering seems to be difficult to cure in the future.

It is difficult to view that there exists a change in sentencing conditions that can impose a minor sentence than the original judgment solely on the sole ground that the defendant denied the rape crime of this case at the lower court, but also recognizes it in the trial.

(The sentence of the original sentence is close to or near the lowest or lowest level, and it is difficult to impose an additional reduction of the sentence). The following circumstances, including the above circumstances, are all the conditions of sentencing specified in the arguments in the instant case (including sentencing data added in the appellate trial) including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, and recommendations according to the sentencing guidelines set by the Supreme Court.

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