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(영문) 서울고등법원 2017.07.20 2017노1376
강간미수
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the Defendant, in the first instance, led to the conviction of the instant case, led to the confession of the instant crime and his mistake is divided, and that the Defendant does not have the same criminal record.

However, the crime of this case, however, is committed by the defendant who is the defendant's living together with his will to commit rape, and the nature of the crime is not good. The crime of this case was committed by the defendant, and the victim was aware of considerable mental suffering and pain. The defendant did not agree with the victim up to the trial of the case, and other conditions of sentencing as shown in the argument of this case such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., are considered, considering the defendant's age, sex and environment, motive, means and consequence of the crime, etc., the court below's punishment is too unreasonable. Thus, the above assertion by the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and it is so decided as per Disposition (Provided, That the judgment of the court below is to delete or correct the defendant's appeal in accordance with Article 25 (1) of the Rules on Criminal Procedure because it is obvious that the defendant's appeal is a clerical error in the facts of the crime of this case "in fact" in Article 16 (2) of the "No. 16 (2) of the "No. 16 and No. 7, No. 10" in the 21 of the judgment of the court below.

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