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(영문) 서울고등법원 2015.04.02 2015노117
강간미수등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The judgment of the court below which did not recognize the mental and physical state of the defendant by taking advantage of the mental and physical state at the time of the crime of this case is erroneous in mistake or

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

Judgment

The Defendant also asserted the same purport as the allegation in this part of the judgment below, and the court below rejected the above assertion by providing a detailed statement on the judgment.

In light of the evidence duly admitted and examined by the court below, the judgment of the court below is justified, and the defendant's mental and physical disability is without merit.

The circumstances favorable to the defendant are that the defendant's judgment on the assertion of unfair sentencing is divided into his mistake, that the rape of this case was committed in the attempted crime, and that the defendant did not have any criminal records of the same kind or suspended execution.

On the other hand, in light of the background and attitude of the crime of this case, the nature of the crime is not somewhat weak, and the fact that the defendant did not receive a manual from the victim of rape up to the trial of the case is disadvantageous to the defendant.

In addition, since various conditions of sentencing such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime are attempted, the "Sentencing Criteria" established by the Supreme Court is not applicable to the crime of insult, and there is no sentencing guidelines for insult.

In full view of the above, it is not judged that the sentence imposed by the court below against the defendant is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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. It is so decided as per Disposition.

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