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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2013.05.03 2013노382
성폭력범죄의처벌등에관한특례법위반(특수강도강간등)
Text

The defendant's appeal is dismissed.

Of the judgment of the court below regarding confiscation, the number of seized investigation records is from 6 to 7.

Reasons

1. Summary of grounds for appeal;

A. In the absence of any obstacle, the Defendant who received the victim’s horses that he could miscarriage at the early stage of pregnancy, and voluntarily ceased rape, and thus, should be recognized as having failed to stop, as such.

B. The sentence of the lower court on the Defendant’s sentence of unreasonable sentencing (a prison term of six years, 40 hours, order to complete sexual assault treatment programs, disclosure of information and notification each 10 years, 10 years, 40 days, 1 to 4) is too unreasonable.

2. Determination

A. As to the assertion that the crime was attempted to be suspended, if the act of crime was commenced and the act of crime was suspended at one’s own free will before the crime was completed, and if the suspension was not caused by circumstances that interfered with the completion of the crime under ordinary social norms, it constitutes the attempted suspension.

However, according to the evidence duly adopted and examined by the court below, in order to prevent the reporting of the crime after the taking of money and valuables, the defendant committed rape with the victim's will and panty to prevent the reporting of the crime, and tried to rape, and the victim tried to commit rape, and the victim took the victim's sexual organ into the victim's entrance, and thus, it is recognized that rape itself was an attempted rape. Thus, in the above circumstances, the circumstance that the fetus could be a fetus at the early stage of pregnancy and the victim again asked the defendant to complete the rape crime constitutes a circumstance that impedes the completion of the rape crime under social norms, and thus, it cannot be viewed as an attempted abandonment by the victim.

Therefore, the defendant's above assertion is difficult to accept.

B. As to the assertion on unreasonable sentencing, the victim himself/herself commits rape in the statement of pregnancy, and the Defendant left the wind that the previous criminal power was revealed by the company working until June 2012, and then he/she may know such circumstances.

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