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(영문) 서울고등법원 2020.08.20 2020노996
강간미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (two years of imprisonment, etc.) is too unreasonable.

Judgment

The Defendant, while serving in a beauty art room operated by his spouse, was deprived of his intention and conduct during the meeting of a meeting of a meeting of a meeting of a meeting with the victim, was attempted to rape the victim, on the ground that the victim was knee and knee, knee and knee.

The victim attempted suicide by taking a large quantity of pains caused by the crime of this case and taking a serious amount of pains.

However, at the time of the trial, the victim expressed his intention not to be punished as well as to be compensated for the damage to the defendant; the defendant confessions the crime of this case late after the trial; there is no previous conviction in excess of the fine; it is difficult to see that the defendant has used the victim in the course of the crime of this case; it is difficult to see that the crime of this case is committed in an attempted crime; and considering the conditions of sentencing as shown in the argument of this case, such as the defendant's age, character, character and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the court below's punishment is too unreasonable.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

[Discied reasoning of the judgment below] Criminal facts and the summary of evidence recognized by this court are identical to the corresponding column of the judgment below, except where the "written statement of the defendant at the trial" is added to the summary column of evidence as stated in the judgment below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 of the Criminal Act:

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