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(영문) 대전고등법원 2015.07.24 2015노257
강간미수
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The judgment was examined, and the crime of this case committed by the defendant was sent to contact with the criminal defendant by the introduction of the criminal defendant, and the victim was tried to commit rape under the circumstances as stated in the judgment of the court below after first taking the defendant's house on the day of the crime of this case. The crime of this case is serious in light of the purpose and content of the crime, the method and result of the crime, etc.

In addition, considering the various sentencing factors revealed during the pleadings of this case, including the fact that the defendant was introduced through his will and was a female student in the third grade of the university at which the defendant first committed the crime of this case, the fact that the victim was under the age of having no sexual experience due to the crime of this case, and that such suffering and damage seems to be difficult to recover easily. Nevertheless, the defendant did not take sufficient measures to recover the victim's suffering and damage, and even without taking sufficient measures to recover it from the investigation stage to the time of the first instance trial, it was consistent with the defense that it was difficult to obtain the victim at the time of the first instance trial. In full view of the various sentencing factors indicated in the arguments of this case including the fact that the defendant made a statement that the defendant is aware of the crime of this case, and deposited certain money for the victim, the consideration of various factors cited by the defendant and the defense counsel should be taken into account.

Even if the court below did not reverse the judgment of the court below, the defendant's assertion is without merit because it is too unreasonable to the extent that the sentence imposed by the court below should not be reversed.

I would like to say.

2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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