logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2017.11.09 2017노422
준강간미수
Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment, and 40 hours of completion of sexual assault treatment programs) is too unreasonable.

Judgment

Examining the various sentencing conditions in the instant case, the following are the circumstances favorable to the Defendant: (a) the Defendant appears to reflect the wrong while committing a crime; (b) the Defendant appears to have committed a crime under the influence of alcohol somewhat contingent; (c) the commission of a crime was attempted; (d) the commission of a crime was committed in an attempted crime; (e) there was no criminal history other than a crime sentenced to a fine for violating the Road Traffic Act (d) and deposit KRW 3 million for the recovery of damage; and (e) the filing of an appeal by family members and branch members.

On the other hand, the crime of this case is committed by the defendant who was under the influence of alcohol after having a friend or a meeting of the family members of the victim and was under the influence of alcohol, and tried to rape the victim. The crime of this case is committed disadvantageous to the defendant, such as the following: (a) the crime is committed in light of the details of the crime and the interview with the water law, the relation with the victim, etc.; (b) the crime and the character of the crime are bad and serious; and (c) the victim seems to have suffered considerable mental shock and sexual humiliation by the defendant, who was suffering from the damage of this case from the victim, such as her husband and her husband, for ten (10) years in the situation where her husband and her children were around her husband, appears to have been suffering from considerable mental shock and sexual humiliation; (d) the victim was under the influence

As above, the court below comprehensively takes into account the following factors: (a) the Defendant’s age, sexual conduct and environment, family relation, health status, motive, background, means and consequence of the crime; and (b) various sentencing conditions as shown in the records and theories of changes, such as the circumstances before and after the crime; and (c) the court below’s statutory punishment has been mitigated for the crime of this case, which is imprisonment with prison labor for more than three years, by taking account of such factors of sentencing.

arrow