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(영문) 서울고등법원 2017.08.18 2017노1391
강간미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Each of the instant crimes committed by the Defendant is an indecent act by force, such as deceiving the victim’s chest, and attempted to commit rape by inducing another victim to his house after the lapse of three months, and is in bad quality of the crime. The victims, as the motive students of the Defendant’s University, had been known to the Defendant, and all of the victims were deemed to have suffered considerable mental pain and sexual humiliation due to the instant crime, and were likely to have caused considerable mental pain and sexual humiliation.

On the other hand, the defendant recognized all of the crimes and repented his mistake in depth, and the degree of tangible force exercised in the crime of indecent conduct in this case is very serious.

In multiple cases, it is difficult to view the rape crime of this case as an attempted crime, and the Defendant agreed with the victim of the crime of rape of this case, and the above victim expressed in this court the intent that the victim does not want the punishment of the defendant, and the Defendant is the first offender who has no record of criminal punishment as a university student, etc., in favor of the Defendant.

In addition, considering the various circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, relationship with victims, motive and background of the crime, and circumstances after the crime, the punishment imposed by the court below is too unreasonable.

Therefore, the above argument by the defendant is reasonable, and the prosecutor's above argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court and summary of evidence are the facts constituting a crime and summary of evidence.

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