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(영문) 서울고등법원 2016.11.24 2016노2748

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below is too inappropriate.

2. It is recognized that the Defendant made a confession of all of the instant crimes and misunderstanding his mistake when he was found to be guilty.

However, the crime of this case is committed by the defendant after assaulting the victim E and committing an indecent act by force, and is committed in violation of the public place to satisfy his own sexual desire, thereby committing rape, and the nature of the crime is not good by deceiving the victim M and deceiving property, etc.; the crime of attempted rape of this case reveals considerable mental suffering and suffering to the victim E; the defendant does not agree with the victims up to the trial; the defendant does not agree with the victims; the defendant does not agree with the victims; the defendant's age, character and behavior and environment; the motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as the defendant's age, character and behavior and environment; the motive, means and consequence of the crime; and the circumstances after the crime, etc., it is not recognized that the sentence of the court below

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