강간미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
(3) years from the date this judgment became final and conclusive.
The decision of the court below on the gist of the reasons for appeal is too unreasonable.
2. However, it is impossible to accept that the defendant repeats a similar crime, and that the nature of each crime is bad;
However, the defendant's mistake was recognized in the first instance, and seriously reflects the victims, and the victims do not want to be punished by the defendant.
There is no history of criminal punishment exceeding a fine against the defendant.
In addition, when comprehensively considering the defendant's age, sex, family relationship, social relationship, circumstances after the crime, etc. and various conditions of sentencing as shown in the records and arguments of this case, the sentence of the court below is recognized as being too unreasonable.
3. The appeal by the defendant is justified.
Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed, and the judgment shall be ruled as follows after pleading:
【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense and indecent conduct by force on the choice of punishment: Articles 298 and 300 of the Criminal Act; Attempted rape under Article 297 of the Criminal Act;
1. Reduction of an attempted punishment: Article 25(2) and Article 55(1)3 of the Criminal Act (limited to an attempted rape);
1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the attempts to commit more severe rape);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Etc. of Sexual Crimes, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019).