beta
(영문) 대구고등법원 2016.03.31 2015노674

강간치상

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3. However, for a period of four years from the date this ruling becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (three years and six months) on the defendant is too unreasonable, due to the summary of the grounds for appeal.

2. The Defendant, on the new wall, tried to rape the victim before the common entrance of the first floor of apartment in the victim, and thereby, inflicted an injury upon the victim in need of approximately two weeks of treatment.

The Defendant committed a crime of having a son’s son’s face with a bicycle mack (buff) and getting the victim from a factory near the victim’s house.

Considering the contents, circumstances, methods, etc. of such crimes, the instant crimes are not suitable for the quality of such crimes.

On the other hand, when the defendant was investigated into the instant case, the defendant recognized and led to a mistake, and revealed all the facts unfavorable to him, such as the background of the crime and the past behavior.

Although the defendant tried to commit a serious crime of rape, the victim resisted against himself and tried to flee immediately.

As such, rape crime was committed in attempted, the victim was merely flicked in the face of the victim and the body of flick, and was flicked in the body of the head.

The Defendant appears to have been suffering from the pain of around June 2015, 2015, whose parents were divorced on or around 2014, and whose marriage was three months after her marriage was married, and seems to have been at the time of the instant case’s emotional unstable and brutified.

The defendant is still likely to become a healthy member of this society in the future as the youth of the 20 major class without any previous convictions. In light of his father's father's living together with his mother's ties, and the defendant's attitude, etc., wrong sexual consciousness seems to be able to be able to be done through an order to attend the school and in the future.

These points are favorable to the defendant.

These circumstances, the age, sex, environment, and age of the defendant.