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(영문) 서울고등법원 2015.01.29 2014노3702
강간미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the punishment of the lower judgment (two years of imprisonment, three years of suspended execution) is too unfied.

2. The crime of this case in question is committed by the Defendant’s indecent act by compulsion of the victim, who is a workplace employee, or attempted to rape at any time, and is in the nature of the crime.

As a result, the victims were suffering from a huge mental impulse and sexual humiliation.

Nevertheless, there was no measure to recover damage.

However, the Defendant recognized the crime of this case and reflected his mistake.

The crime of this case was committed in a contingency under the influence of alcohol.

Rape was committed only in attempted crimes.

There is no criminal conviction or sex offense against the defendant.

In addition, considering the age, character and conduct, environment, etc. of the defendant, all the sentencing conditions as shown in the argument of this case and the recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, the sentence of the judgment below cannot be deemed to be too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is without merit.

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

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