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(영문) 서울고등법원 2013.12.20 2013노2849
강간미수
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, where the defendant tried to commit rape while driving away from female toilets, and the crime was committed in light of the content and method of the crime, the degree of damage, etc., and the victim seems to have suffered serious mental impulses due to the crime of this case, and the victim wanting punishment against the defendant.

On the other hand, the following are the circumstances: (a) the Defendant recognized the instant crime and reflects the mistake; (b) the Defendant is the primary offender who has no criminal record; (c) the instant crime was committed in the attempted crime; (d) the Defendant committed the instant crime under the influence of alcohol, under the influence of alcohol, while having weak the ability to discern things or make decisions; and (e) the Defendant deposited money in a certain amount to compensate for the damage of the victim

In this regard, considering the following factors: Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and method of the instant crime, and circumstances before and after the instant crime, the lower court’s punishment is too unreasonable, and thus, the Defendant’s above assertion is not reasonable.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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