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(영문) 서울고등법원 2019.02.19 2018노2999
준강간미수
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below is too inappropriate.

2. It is recognized that the Defendant, in the first instance, led to the trial, led to the confession of the instant crime, led to his mistake, repenting and reflecting his mistake, the Defendant has no criminal power, and the instant crime was committed in an attempted crime.

However, the crime of this case is committed by the defendant as Cschool teacher, who is trying to have sexual intercourse with the victim's attempt by taking advantage of the victim's state of impossibility to resist under the influence of alcohol, and the nature of the crime is not good. The crime of this case reveals mental suffering and suffering that the victim cannot recover from the crime of this case, and the defendant did not receive a letter or reach an agreement from the victim up to the trial, and taking into account the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., it

3. 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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