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The defendant's appeal is dismissed.
Reasons
1. On December 23, 2019, the summary of the grounds for appeal submitted by the Defendant (e.g., in the grounds for appeal of December 23, 2019, the Defendant and the defense counsel stated that the Defendant and the defense counsel only considered the grounds for appeal on the date of the first trial of the trial on the grounds of unfair sentencing.
The punishment of the court below (two years of imprisonment, etc.) shall be too unreasonable.
2. The judgment that the defendant recognized the crime of this case and reflects it, the defendant did not have any particular criminal record other than the previous criminal record of a fine once, and there is no record of the same sexual crime of this case, and the fact that the crime of this case was committed against the attempted crime is favorable to the defendant
However, the crime of this case is an attempted rape of a victim who is extremely difficult to resist due to drinking by the defendant. It is very poor that the crime of this case is committed.
With regard to the instant crime, the victim seems to have suffered considerable mental impulse and sexual humiliation.
However, the defendant did not receive a letter from the victim until now, and the victim is punished for the defendant.
In light of these circumstances, the lower court’s punishment cannot be deemed to be excessively unreasonable in light of the following: (a) there is no change in circumstances that could vary in the lower court’s punishment; and (b) comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, and consequence of the commission of the crime; and (c) the circumstances after the commission of the crime.
Therefore, the defendant's assertion is not accepted.
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.