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(영문) 대구고등법원 2018.02.22 2017노600

강간미수등

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (two years of imprisonment, three years of suspended execution, and 40 hours of lectures to treat sexual assault) imposed by the court below is unreasonable because it is too uneasible.

Judgment

Examining the various sentencing conditions of this case, the crime of this case is committed by the defendant three times against the victim who is a chain of duty, or assault or injure the victim's knife with knife with knife and knife with knife, etc., or knife with knife with knife, etc., and knife the victim's knife with knife., and attempted rape at the parking lot. In light of the course and method of the crime, number of times, relationship with the victim, etc., the crime of this case is not less weak, and the victim seems to have suffered considerable mental shock and sexual humiliation by witnessing the scene of the crime of rape, along with physical damage, and thus, the victim seems to have suffered considerable mental shock and sexual humiliation.

Meanwhile, the circumstances are favorable to the defendant, such as the following: (a) the defendant appears to reflect the wrongness while admitting the entire crime; (b) the crime of rape was committed; (c) the degree of injury or the amount of damage to the victim was not much excessive; (d) the victim does not want the punishment of the defendant; and (e) there is no history of criminal punishment exceeding sexual assault or fine.

In full view of the following factors: (a) the Defendant’s age, sexual conduct and environment, family relationship, health status, motive, background, means and consequence of the commission of the crime; and (b) various sentencing conditions as indicated in the records and the previous theories, such as the circumstances before and after the commission of the crime; and (c) the lower court appears to add two years of imprisonment, three years of suspended execution, and three years of suspended execution to take lectures for sexual assault treatment; and (d) even if there are no special circumstances or changes in circumstances that may change the sentence of the lower court in the trial, the lower court’s sentence is sentenced.