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(영문) 부산고등법원 2013.11.14 2013노482
강간미수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment imposed by the lower court (one year of imprisonment, 80 hours of completion of a sexual assault treatment program, and 5 years of disclosure and notification) is too unreasonable.

2. There is also a favorable circumstance for the defendant, such as the fact that the defendant's mistake is recognized and is against the defendant, that there is no criminal record exceeding the same kind and fine, and that the crime of this case is committed even if the crime of this case is committed.

However, in full view of the following factors: (a) the crime of this case was committed by the Defendant to rape and attempted rape; (b) the nature of the crime was serious; (c) the victim appears to have suffered a considerable sense of sexual humiliation and mental suffering due to the crime of this case; and (d) the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the punishment of the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless.

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