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(영문) 서울고등법원 2017.09.15 2017노1943
강도강간미수
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (four years of imprisonment, etc.) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s unfair sentencing is too unhued and unfair.

2) It is unfair for the lower court to exempt the Defendant from issuing an order to disclose personal information.

2. Determination

A. As to the allegation of unfair sentencing by the Defendant and the prosecutor, the crime of this case committed the crime of this case is committed by attempted rape continuously after the Defendant discovered a female victim who is the age of returning alone at night, took a mobile phone, etc., and attempted rape continuously. In light of the interview and risk by the method of the crime, the crime is very poor in light of interview and interview risk, and the Defendant was at the time, even though there was a gap between the victim and the victim, there was a high possibility of criticism in light of the fact that there was a concern over the high possibility of spreading of considerable damage, such as taking the victim’s face and face, etc. using his cell phone at the time, and the victim seems to have suffered physical physical pain and sexual humiliation due to the crime of this case, and the Defendant is expected to have been sentenced twice to a suspended sentence of imprisonment and two times due to the crime of larceny, etc.

On the other hand, the Defendant committed the crime from an investigative agency to this court in full, and took a misunderstanding in depth, committed rape by the Defendant, and committed the rape, and the value of the property taken by the Defendant is very high.

It can not be seen that the court below agreed with the victim, the victim and his parents do not want the punishment of the defendant, the defendant has no record of punishment for sex offense, there is a family member to support the defendant, and the wife and the branch want the defendant's wife, which are favorable to the defendant.

In addition, it is necessary.

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