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(영문) 대전고등법원(청주) 2020.11.26 2020노147
준강간미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Inasmuch as the Defendant, by misapprehending the legal doctrine, did not have sexual intercourse with the victim even though there was no external circumstance obstructing sexual relations, the instant crime constitutes an attempted suspension, not an attempted disability.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Judgment on misapprehension of legal principles

A. In the judgment of the court below, the defendant alleged as identical to this part of the grounds for appeal, but the court below rejected the defendant's claim on the ground that "The defendant did not have sexual intercourse because it was merely a suspension of crime due to external disability that impedes the bodily condition of the victim's sexual intercourse because it did not cause the suspension of crime due to the suspension of crime due to the external disability that the physical condition of the victim's sexual intercourse, etc., and that "the victim had sexual intercourse with another male and panty because the victim had already known that he had sexual intercourse with another male, and that he did not want to have sexual intercourse with the victim, and that he did not want to have sexual intercourse with the victim."

B. The judgment of this court 1) If an action was commenced and the suspension was suspended by his own free will prior to completion of the offense, not due to circumstances that interfered with the completion of the offense under general social norms, it constitutes an attempted suspension (see, e.g., Supreme Court Decisions 85Do2002, Nov. 12, 1985; 9Do640, Apr. 13, 1999). Based on the above legal principles, health costs are as follows: (a) the following facts or circumstances which can be recognized by the evidence duly adopted and investigated by the court below; (b) the defendant is the victim’s body and the victim’s body, i.e.,, the victim’s body, who tried to inserting the “mixed Sea consistently from the police to this court,” with a pipe, into the part of the victim’s sound.

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