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(영문) 광주고등법원 (제주) 2021.01.20 2020노94
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment, etc.) is too unreasonable.

2. Determination

A. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect the judgment of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). B. In light of the foregoing legal doctrine, the foregoing case is examined.

In addition, considering the Defendant’s age, career, sex and environment, motive and background of the crime, circumstances after the crime, and the scope of recommended sentences according to the sentencing guidelines set by the Supreme Court’s Sentencing Committee, the sentencing of the lower court, which took into account not only the Defendant’s unfavorable circumstances but also the favorable circumstances, should be respected as being taken into account within the reasonable scope of discretion, and thus, it is reasonable to respect the sentencing of the lower court as being conducted within the reasonable scope of discretion, and thus, it is difficult to see that the lower court’s sentencing is too unreasonable as it is too unreasonable.

Therefore, the defendant's argument of sentencing is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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