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(영문) 부산고등법원 2020.06.04 2019노603
강간미수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the original sentence (two years of imprisonment, etc.) is too unreasonable;

2. The Defendant, based on the fifth trial date of the lower court, led to the confession of all of the instant crimes from the fifth trial date of the lower court, was relatively young, and did not repeat the crime in the future, and did not live as a sincere member of the society.

There is no criminal defendant who has been punished for a sexual crime, and the criminal record of a fine due to a drunk driving in 2013 is the only criminal record of the defendant.

However, although the crime of this case was committed by the defendant for rape of a minor under 18 years of age, which is a manager of the marina area where the defendant first started a business trip, the crime of this case is not likely to be committed by the victim's complete resistance, but the crime of this case is not committed by the crime.

Although the crime of rape was committed by a defendant even though it was committed, there is a high possibility of criticism in light of the degree of tangible force exercised by the defendant, the method and circumstances of the crime.

In addition, even though the age victim had experienced serious sexual humiliation and mental impulse due to the instant crime, the Defendant continued to deny the crime from the investigative agency to the fourth trial day of the court below, thereby getting the victim to suffer secondary damage who had attended the court of the court below and testified in order to care for the suffering memory, and the victim still wishes to be punished by the Defendant at the court of the trial, and it is inevitable to punish the Defendant with severe criminal punishment corresponding to the Defendant’s liability.

In full view of the aforementioned circumstances and the various conditions of sentencing as shown in the records and arguments, including the Defendant’s age, occupation, character and conduct, environment, means and consequence of the crime, motive of the crime, circumstances after the crime, etc., the sentence imposed by the lower court is acceptable as being within the appropriate scope of punishment according to the Defendant’s liability, and it is not recognized that it is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

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