logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원고등법원 2020.04.24 2020노11
강도강간미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles have only been tried to rape the victim, and the victim’s property was taken with the intent to commit robbery, and the victim’s mobile phone was taken out in the course of rape, and there was no intention to obtain such report. Therefore, the crime of attempted rape cannot be established.

Nevertheless, the lower court erred by misapprehending the facts and by misapprehending the legal doctrine, thereby convicting this part of the facts charged.

B. The lower court’s sentence of unreasonable sentencing (six years of imprisonment, etc.) is excessively unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. The summary of the charge of attempted robbery: (a) around 00:20 on October 7, 2019, the Defendant stated that “a door is opened.” However, the Defendant refused to use the victim’s residence in front of the entrance of the victim located in Suwon-gu, Suwon-si, Suwon-si; (b) taken one mobile phone of an amount equivalent to KRW 1,200,00 in the market price of the victim’s possession within the Handbag, which is the victim’s possession; (c) putting the victim into the Defendant’s scam in one hand; (d) lest the victim may suffer from the victim’s seat; (e) 1:5:00,000; (e) 1:5:00,000,000 from the floor of the victim’s head; (e) knek-si, kne-si, kne-si; and (e) 1:5:00,000>

arrow