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(영문) 부산고등법원 2016.06.01 2016노192
준강간미수
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence against the Defendant (one and half years of suspended sentence in one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.

2. The crime of this case was committed under the influence of alcohol by the Defendant, and was attempted to rape the victim, who was not frighten on the road, with his residence, and the crime of this case was committed. The crime of this case was committed with considerable mental impulse and sexual humiliation, but the Defendant still did not receive a bill from the victim, etc.

On the other hand, the fact that the defendant recognized the crime of this case and is in profoundly against the defendant, the fact that the crime is committed with the attempted crime, and the defendant's age is still young and has no record of the crime so far is favorable to the defendant.

Considering the above circumstances and other factors of sentencing as indicated in the argument of this case, comprehensively considering the character, conduct, family relationship, and circumstances after the crime, the sentencing discretion was exceeded by the court below as the sentence of the defendant is too heavy or unhued.

It does not appear.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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