강도강간미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years.
80 hours per the defendant.
1. Summary of grounds for appeal;
A. The defendant, at the time of misunderstanding of facts and misunderstanding of legal principles, did not intend to commit rape only with a view to stealing money from the victim.
Nevertheless, the judgment of the court below which convicted the Defendant of the attempted robbery and rape of this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. The lower court’s sentence is too unreasonable because of its excessive sentencing.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the first instance court and the first instance court on the assertion of misunderstanding of facts, the Defendant may sufficiently recognize the fact that the Defendant was out of panty and panty after having assaulted the victim with the intent to rape.
(1) When the defendant intrudes into the house of the victim and takes several times into consideration parts of the face of the victim who is fluently sound while dint in order to steals property, he/she shall suppress the victim's resistance, and he/she shall have been exempted from panty and panty of the victim.
② The Defendant, who had a sound outside of the victim’s house, 8,730 won in cash 8,730 won on his/her own clothes and escaped beyond the victim’s house windows. At that time, the Defendant and panty were out of the Defendant’s house.
In addition, the defendant voluntarily stated that the defendant was out of panty and panty at the time when he assaulted the victim and was out of the victim's will as above.
③ On November 27, 2011, the Defendant: (a) stated on the police that he/she was off from his/her seat; (b) the victim’s panty was off from the victim’s house in the police station on November 28, 201; and (c) was off from the victim’s house, and was off from the victim’s panty, and was off from the victim’s house in the police station on November 28, 201; (b) was off from the victim’s panty; (c) was fright back from the victim’s panty; and (d) when the victim’s sound was humed, the victim’s face was humed.