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(영문) 대구고등법원 2015.05.14 2014노690
강간미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The defendant can be considered as the following positive factors for sentencing.

The defendant seems to have committed the instant crime in kind under the influence of alcohol.

Defendant did not have any history of criminal punishment except for the crime of violating the Military Service Act once sentenced to a fine, and committed the crime of rape in this case.

The defendant seems to have been trying to recover damage by receiving money from financial institutions in order to make an agreement or deposit, etc.

However, the crime of this case committed an indecent act by allowing the victim employed by the defendant as a new member of the company that he works as the head of the team to work more than the first scheduled date of work, and forcing the victim to work more in the drinking room, and forcing the victim to work more than the first scheduled date of work. In addition, the crime of this case was committed by the attempted rape, and the method and nature of the crime is very poor.

The victim was at the first place of work at a new workplace, but was sexual assaulted by the commercial defendant, and was suffering from a life-long shock and pain, and the above workplace prepared for two years and was eventually retired.

Nevertheless, the defendant did not receive a letter from the victim, and the victim still wishes to punish the defendant.

In full view of all circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court appears to be within the appropriate range of sentence corresponding to the Defendant’s liability, and it is not determined that the sentence is too unreasonable.

Therefore, it is true.

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