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1. The part of the judgment below regarding the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for seven years.
10 1 knife knife knife
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (limited to 10 years of imprisonment, forfeiture No. 2, order to complete a sexual assault treatment program, 80 hours of order to disclose registered information for 6 years, and order to notify the disclosure of registered information for 6 years) is too unreasonable.
B. As to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by Public Prosecutor (Special Rape), the intention of rape can be fully recognized in light of the relationship between the defendant and the victim and the circumstances before and after the crime, the judgment of the court below which acquitted the defendant of the reason
2. Determination
A. Determination on the part of the defendant's case (A) The summary of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape) was about 04:10 on July 6, 2013, and the defendant tried to commit rape against the victim F (F, 67 years of age) of the victim E in Seocho-si on July 6, 2013, while wearing a knife (15.5 meters in blade length) which is a dangerous object prepared in advance and wearing a lock so that one's face cannot be seen from one's face, and intrudes the victim's house with his face through the ward, and then intrudes the victim's house through the ward, while holding the above knife with a television reported on a television, which led the victim to force the victim by threateninging the victim's resistance, and then led the victim to rape. However, the victim did not have attempted to commit rape after the victim's escape.
B. The burden of proving the facts charged in a criminal trial for the judgment of the court below is that the prosecutor bears the burden of proving the facts charged, and the conviction should be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt, so such evidence shall be applied.