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(영문) 부산고등법원 (창원) 2013.08.23 2013노62

준강간미수

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is erroneous in the misunderstanding of facts that the first instance court found the Defendant guilty of the attempted quasi-rape, even though the Defendant did not have the status of failing to resist at the time of the appeal, and the Defendant did not attempt to shot up because it did not have been discovered at the time.

2. The defendant and his defense counsel argued the same purport as the reasons for appeal in the first instance court, and the first instance court rejected the defendant's assertion in detail by stating various circumstances in the judgment "as to the defendant's and his defense counsel's assertion". In comparison with the first instance court's judgment, the judgment is just and acceptable, and this part of the defendant and his defense counsel's assertion is without merit.

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