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(영문) 서울고등법원 2020.10.23 2020노1093
준강간미수등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The sentence of the court below (two years of imprisonment, etc.) is too unreasonable.

The sentence of the court below by the public prosecutor is too uneasible.

Judgment

The crime of this case was committed with the intent of inducing the victim of the biological site that the defendant sits on the ground of alcohol to have sexual intercourse, committing an indecent act against the victim who has been unable to resist due to drinking, and attempted to have sexual intercourse, and is very bad in the nature of the crime.

According to the Defendant’s crime, the victim complained of physical and mental shock, such as water surface and fire extinguishing disability, fear of unspecified men, and difficulty in daily life at night, etc., and tried to punish the Defendant.

However, the Defendant led to the confession of the crime of this case, and the Defendant committed an attempted rape.

The defendant reflects his/her behavior and expresses his/her intent to commit the crime of deception to the victim through a reflective door submitted by the investigation agency to the trial.

The Defendant did not have any record of being punished for sexual assault crimes, and has made efforts to avoid committing any sexual assault again, such as receiving education to prevent sexual assault and receiving a mental therapy, etc.

The social ties of the defendant are maintained, such as the application of the defendant's family and branch members to the defendant's wife.

In full view of such circumstances as the Defendant’s age, character and conduct, environment, motive and background of the crime, circumstances after the crime, etc., it cannot be deemed that the sentence of the lower court is too weak or unreasonable.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

However, the "registration of personal information" under Part 19 et al. of the judgment of the court below is not more than 5, but the following is the cause of the registration of personal information.

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