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(영문) 광주고등법원 2016.11.03 2016노303

강간미수등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The statement of the victim N of the attempted rape among the facts charged in the instant case is generally consistent and is highly specific and credibility.

Nevertheless, the judgment of the court below which rejected the credibility of the victim's statement and acquitted this part of the facts charged is erroneous in the misconception of facts.

B) The sentence imposed by the lower court on the Defendant (a fine of five million won is too uneased and unreasonable).

2. Determination

A. On December 3, 2013, the summary of this part of the facts charged is as follows: (a) around 00:40 on December 3, 2013, the Defendant: (b) induced the victim Nan who is an entertainment entertainment drinking house in F, while drinking alcohol, to do sexual intercourse; (c) the Defendant made a proposal that the victim gets out of the victim and went together with the Defendant at around 02:0 on December 3, 2013; (d) the Defendant was able to take care of, and went together with, an entertainment drinking house; and (e) the Defendant got out of Seoul, she was able to take care of, 502 nearby Oel; and (e) the Defendant went out of the Seoul; (e) the Defendant was unable to put the victim’s son and her son, who was forced to take advantage of his her son’s son’s son and her son’s son; and (e) the Defendant was objectively aware of his son’s son’s son.