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(영문) 서울고등법원 2013.12.06 2013노3123
강간미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the instant case, the Defendant alleged misunderstanding of facts with the victim who was found in the Defendant’s house at the time of the instant case, and did not intend to rape with the victim. 2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The lower court rejected the Defendant’s assertion of mistake of facts in detail on the ground that the Defendant had the same assertion as the grounds for appeal in this part, and under the title of “determination of the Defendant’s assertion” in the said judgment, the lower court rejected the Defendant’s assertion.

Examining the judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below that recognized the credibility of the victim's statement in light of the victim's attitude of legal statement, etc. is justified, and this part of the defendant's assertion is without merit.

B. The Defendant appears to have a great physical and mental suffering from the instant crime committed by the Defendant and the prosecutor regarding the allegation of unfair sentencing by the Defendant and the prosecutor, and the Defendant did not recover from damage therefrom, there have been many records of punishment due to violent crimes, etc., and the Defendant again committed the instant crime during the period of repeated crime even though the execution of imprisonment due to attempted murder was completed in recent years, and the Defendant did not seem to have violated his own mistake, etc. against the Defendant’s disadvantage.

On the other hand, the fact that the extent of the power of the defendant exercised is relatively large, the fact that the defendant discontinueds his act and thus the crime of this case was excessive to the attempted crime of this case, and that the defendant has no record of sex offense is favorable to the defendant.

In this regard, jury's opinion on sentencing, age, character and conduct, environment, and motive, circumstance, means and consequence of the instant crime.

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