강간미수등
The judgment of the court below is reversed.
The sentence against the accused shall be determined by one year and six months of imprisonment.
except that this judgment.
1. Summary of grounds for appeal;
A. Although there was no intention to mislead the Defendant (the misunderstanding of facts, misunderstanding of legal principles, and unreasonable sentencing) and misapprehension of legal principles that the Defendant did not have any intent to commit rape but attempted to commit rape, the lower court convicted the Defendant of charges for attempted rape, thereby misunderstanding of facts or misapprehending of legal principles, thereby adversely affecting the conclusion of the judgment. 2) Punishment sentenced by the lower court of unfair sentencing (one year and six months of imprisonment, etc.) is too unreasonable.
B. It is also improper to exempt the Defendant from the disclosure and notification order of personal information and employment restriction order, even though there are no special circumstances that the lower court’s sentence is too unfilled and unfair, and the Defendant’s personal information should not be disclosed and notified or restricted on employment.
2. Determination
A. The lower court rejected this part of the Defendant’s assertion of mistake of facts and misapprehension of legal doctrine on the Defendant’s assertion of mistake of facts and misapprehension of legal doctrine on the ground that the Defendant asserted the same as the grounds for appeal in this part of this part, and rejected the Defendant’s assertion in detail on “the part attempted rape” under the title of “the judgment on the Defendant
Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and there is no error of misconception of facts or misunderstanding of legal principles as alleged
This part of the defendant's assertion is without merit.
B. As to the assertion of unfair sentencing by both parties, the Defendant took 28 photographs of the victim’s body against the victim’s will in comparison with the victim, and forced the victim to be notified of such objection on his/her own vehicle by carrying the victim on his/her own vehicle, and forced the victim to control the victim within the vehicle with full force, and attempted rape, and the crime is not good in light of the circumstances and contents of the instant crime, etc., and the Defendant is deceiving another male.