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(영문) 광주고등법원 (전주) 2016.02.02 2015노193
준강간미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have any intention to rape the victim under the influence of alcohol, but did not reach the commencement of the commission of the crime of quasi-rape.

B. The lower court’s punishment (one year and six months of imprisonment, three years of suspended sentence, 40 hours of community service order, and 40 hours of lecture to treat sexual assault) is too unreasonable.

2. Determination:

A. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts or legal doctrine and evidence duly admitted and investigated by the trial court and the lower court, namely, the Defendant: (a) led the Defendant to commit the instant crime at an investigative agency and the lower court; and (b) denied it in the first instance; (c) the police and the prosecutor’s investigation stated, “In the first instance, the Defendant did not want to rape the victim, but did not have any desire to have sexual intercourse with the victim, she was off her her her pans, and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her.

B. In the investigation process, the Defendant’s judgment on the unfair argument of sentencing is smoothly agreed with the victim and thus the victim wants to take the Defendant’s wife against the Defendant, the Defendant’s wife who observed the crime and reported to the investigation agency and want to write down the Defendant, and there is no record of criminal punishment except for the Defendant’s suspension of indictment once prior to the instant crime.

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