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(영문) 서울고등법원 2014.05.16 2014노470

준강간미수

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. In light of the following factors: (a) even though the victim was deemed to have suffered mental impulses due to the instant crime, the damage was not recovered; (b) the victim wants to be punished by the Defendant; (c) the age, character and conduct, family environment; (d) the motive and circumstance leading to the instant crime; and (e) the statutory penalty for the instant crime, such as the circumstances before and after the instant crime, etc., the Defendant did not have any history of being subject to criminal punishment prior to the instant crime; (c) the instant crime was committed against the attempted crime; and (d) the Defendant was seriously against the Defendant’s mistake, the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.