강간미수등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The Defendant explicitly withdrawn the allegation of mental and physical weakness on the first trial date.
The punishment sentenced by the court below against the defendant (three years of imprisonment, 80 hours of order) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.
2. The judgment of the court below is an unfavorable circumstance for the following reasons: each of the crimes of this case committed by the defendant, who attempted to rape the victim, who is a worker charged with work, committed the crime of this case, and committed the crime of this case committed the crime of this case, and committed the crime of this case committed the crime against the defendant, such as: (a) the defendant attempted to rape the victim, and (b) the victim tried to rape again in the store where the victim had been working even after the company had been established; and (c) the victim was confined to the above store, and (d) taken the victim only clothes after the victim had been confined to the victim; and (e) the victim threatened the victim as if the victim did not respond to his G message, and the crime of this case committed the crime of this case and the method of crime was very poor; (b) the victim suffered a considerable physical and mental shock and suffered a sense of sexual humiliation; (c) the defendant did not reach
On the other hand, all of the crimes of this case are committed against the defendant, and the fact that the defendant does not have any other criminal records except the punishment of a fine due to the violation of the Military Service Act is favorable to the defendant.
위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형 위원회 제정 양형기준의 권고 형량 범위 ◈ 법률상 처단형의 범위: 징역 3년 ~ 45년 ◈ 양형기준상 권고 형의 범위 감금죄 [ 유형의 결정] 체포 ㆍ 감금 ㆍ 유기 ㆍ 학대범죄 > 체포 ㆍ 감금 > 제 1 유형( 일반 체포 ㆍ 감금) [ 권고 영역 및 권고 형의 범위]...