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(영문) 광주고등법원 2014.01.09 2013노511
준강간미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. At the time of the misunderstanding of facts, the victim was not the victim at the time of the misunderstanding of facts, and the defendant was not the victim's chest, but did not have exceeded the standing, and did not have the criminal intent to have sexual intercourse. Therefore, the crime of attempted quasi-rape is not established.

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the following circumstances are acknowledged.

The victim, from the police to the court of the court below, consistently stated that “I am out of a soup room of soup, she took place, and she she her. I am out of her body and wanted to take the her own leg up, and go out of her will and her name. I am her sound and resisted, the Defendant went out of her will. I am going out of her will. I am going out of her will. I am going out of her will. I am out of her will. I am out of her will. I am out of her criminal act from the Defendant.”

As can be seen, it is reasonable to view that the Defendant’s attempt to take the bridge of another victim’s body and go off from the victim’s will and state is an action to engage in sexual intercourse with the victim. Therefore, it is recognized that the Defendant had the intent to engage in sexual intercourse with the victim at the time of committing the crime.

In full view of the above circumstances, although the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's self-determination that the victim was unable to resist, it can be recognized that the victim had attempted to resist. Thus, the above argument by the defendant is without merit.

B. As to the assertion of unfair sentencing, the defendant has partially accepted the facts constituting an offense and divided the errors, and there is no record of punishment for a sexual crime.

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