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(영문) 서울고등법원 2016.11.24 2016노2690

성폭력범죄의처벌등에관한특례법위반(주거침입강간)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. The Defendant recognized the instant crime and is in profoundly against the Defendant.

The instant crime of aggression and rape was committed in an attempted attempt.

There is no record of criminal punishment against the defendant.

However, the crime of this case is very bad to commit the crime of attempted rape, leading the victim waiting for an elevator to an emergency stairs, after the defendant followed the victim on board the same bus at the latest night, and then intruded the victim's apartment house living in the victim, and leading the victim to the attempted rape.

As a result, the victims feel a serious mental impulse and sexual humiliation as well as a severe fear.

The defendant was unable to receive suspicion from the victim.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, and all other sentencing conditions shown in the argument in this case, the lower court’s statutory minimum sentencing period is two years and six months, and the scope of recommended sentencing guidelines established by the Supreme Court sentencing committee, etc., it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.