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(영문) 대구고등법원 2015.04.30 2014노403

강간미수등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (two years of imprisonment, three years of suspended execution) is too unfunied and unreasonable.

2. The instant crime was committed by the Defendant at the home of her friendship and attempted to commit rape. The instant crime was committed by the Defendant while driving a vehicle without a driver’s license, resulting in personal and material damage and escaped, and the nature of the crime is heavy.

In particular, even though the defendant had a record of criminal punishment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc.) and the violation of the Road Traffic Act (Aggravated Punishment, etc.)

On the other hand, the Defendant did not have any history of punishment for sexual assault, and the Defendant appears to have committed the attempted rape of this case by drinking alcohol.

The defendant reflects the mistake, and the victims do not want the punishment of the defendant by mutual consent with the victims.

In full view of all circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the lower court appears to be within the appropriate range of sentence corresponding to its liability, and it is not determined that the sentence is too uneasible and unfair.

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