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(영문) 서울고등법원 2018.06.05 2018노626

강간미수등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment, etc.) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion, the Defendant is against all the recognition of each of the instant crimes. During the trial of the lower court, the Defendant received a letter from the victim of the instant crime, who violated the Act on Special Cases concerning the Attempted Rape and the Punishment, etc. of Sexual Crimes (Kamer, etc.).

No criminal defendant shall be sentenced to any heavier punishment than a fine.

These circumstances are favorable to the defendant.

On the other hand, the crime of violation of the Act on Special Cases Concerning the Attempted Rape and the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) was committed by the victim C who was in a past-related relationship with the defendant, seeking rape in the defendant's wife to find the victim's wife in order to kill the defendant's life, etc., the victim C taken the victim's body with mobile phone camera in the process.

At the time, the above victim was discharged from his entirety, and was sent to the telecomter.

In addition, each of the instant fraud crimes was committed by the Defendant with a total amount of KRW 900,000,000,000 without the victim G’s intent or ability to pay the borrowed money, and received 3 million,000,000 as the borrowed money.

The victim I living together with the victim I who did not have the intent or ability to repay the debt equivalent to 39 million won in total with the debt of the total amount of 30 million won.

Each of the crimes committed by the Defendant in this case is disadvantageous in light of the details, contents, and methods of the above crimes.

In particular, due to the crime of violation of the Act on Special Cases concerning the Attempted Rape and the Punishment, etc. of Sexual Crimes (Use and photographing of Camera, etc.), the victim seems to have suffered considerable sexual humiliation and mental suffering, and the damage caused by each fraud of this case was not completely recovered.

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