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(영문) 부산고등법원 2016.02.03 2015노574

강간미수

Text

The defendant's appeal is dismissed.

Reasons

The main point of the defendant's appeal is that the sentence of the court below's sentence against the defendant (one year of imprisonment, etc.) is too unreasonable.

Therefore, considering the favorable circumstances for the defendant, such as the fact that the defendant made confession of the crime of this case, the fact that the crime of this case is committed against the attempted crime, the fact that the victim was agreed with the victim, and the victim did not want the punishment against the defendant, the crime of this case is attempted to commit rape over three occasions with the victim introduced by her friend, and the victim attempted to commit rape, and she is committed against the victim's attempted to commit rape. In light of the motive, circumstance, method and content of the crime, etc., the crime of this case is more serious, and even if the defendant was under suspension of execution due to rape, it is more likely that the crime of this case would be criticized again during suspension of execution, and all other conditions of sentencing as provided in Article 51 of the Criminal Act, the sentence imposed by the court below against the defendant is too excessive, and it does not seem to have exceeded discretion.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

참조조문