강간미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for two years from the date this judgment becomes final and conclusive.
1. The sentencing of the court below on the gist of the grounds of appeal is too unreasonable.
On the first trial date of this court, the Defendant withdrawn the assertion of mistake and misapprehension of legal principles.
2. The instant crime committed by the Defendant is about attempted rape of the victim, who is a manager of marina business establishment, and the nature and method of the instant crime is not weak in light of the content and method of the crime.
The victim seems to have suffered considerable mental shock and pain due to the crime of this case.
Such circumstances are disadvantageous to the defendant.
On the other hand, the defendant recognized his mistake in this court, and is in profoundly against it.
In addition, the instant crime was committed in an attempted attempt.
In this court, the defendant agreed to the only extent with the victim, and the victim does not want to punish the defendant.
There is no history that a defendant has been punished for a sexual crime or a fine.
Such circumstances are favorable to the defendant.
In addition, in full view of the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, various sentencing conditions as shown in the arguments and records in this case, such as the circumstances after the crime, the punishment sentenced by the court below is too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in the corresponding column of the judgment below, except where "1. Defendant added "legal statement made by this court" to "a summary of evidence" of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 300 and 297 of the Criminal Act applicable to the crimes;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is the case.