beta
(영문) 서울고등법원 2021.03.09 2020노1969

준강간미수등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (a) is too unreasonable (around December 2, 2020, the Defendant asserted as the grounds for mistake of facts, misunderstanding of legal principles, and unfair sentencing in the statement of grounds for appeal on the grounds of appeal filed on December 2, 2020). However, on December 14, 2020, the Defendant withdrawn the assertion of the grounds for appeal by mistake and misunderstanding of legal principles. At the first trial date of this Court, the Defendant recognized the instant facts charged, and stated that only the case was asserted on the grounds of unfair sentencing (see, e.g., the first trial date of December 22, 2020).

The Defendant, at the lower court, denied the crime of attempted quasi-rape among the crimes in this case, but at the same court, recognized all of the crimes in this case and divided his mistake. The Defendant did not have any history of criminal punishment, and the Defendant and his family members are economically difficult.

However, each of the crimes of this case committed by the defendant was highly shocked by the victim, did not receive a letter from the victim, and did not endeavor not only to recover the damage but also to recover the damage.

In full view of all the sentencing conditions indicated in the instant pleadings (including sentencing data added in the trial) including the Defendant’s age, career, environment, family relation, motive, background, means and consequence of the crime, the circumstances after the crime, and statutory penalty (including imprisonment with prison labor for more than three years), including the above circumstances, it is difficult to view the lower court’s punishment (including incidental disposition) too unreasonable.

Therefore, the defendant's assertion is without merit.

3. Conclusion of the defendant.