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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that, for a period of four years from the date this judgment becomes final and conclusive.
Reasons
Summary of Grounds for Appeal
The prosecutor (misunderstanding of facts as to the acquittal portion and inappropriate sentencing) did not examine the G witnessed at the scene of the instant crime and closed the hearing, and subsequently acquitted the Defendant on the fact that the Defendant attempted to rape the victim who was the Defendant’s working at the guest room and the victim who was f, and attempted to commit rape. The lower court erred by failing to exhaust all necessary deliberations, and by misapprehending the facts.
The punishment of the lower court (7 million won of a fine) is too unhued and unreasonable.
Defendant
The sentence of the court below is too unreasonable.
On June 20, 2013, at around 05:00, the summary of this part of the facts charged by the prosecutor's argument of mistake of facts, the defendant suggested that the victim E (the victim E (the age of 26) who was the customer of the defendant in Seo-gu, Seo-gu, Gwangju and the victim's pro-friendly F will not take the place until the closing of business hours, together with the G and the above victims, etc., who have fright to work at the defendant's business place, drink alcohol by dividing them into drinking water with the country of a deepter.
After that, the injured party's daily behaviors and G were to return home in their own hedging, but the defendant was unable to hold his body in a riotous and rough manner under the influence of alcohol, so it was easy for the defendant to sleep in the telecom, and at the same time, at around 06:00 to 07:00 on the same day, he moved to the telecoma of the I who is in the Seo-gu, Gwangju.
At that place, the victims want to have one room for both men and women respectively, but only one room for 501 people and four men and women enter the same room without the help of the defendant to have no money.
F and G out of the guest room to discuss the Defendant’s methods of returning home, while the Defendant left the room 501 room of the above telecom with the victim, the Defendant left the room with the victim in a timely manner, and left the victim at the bed, with a view to rapeing the victim at the bed and pushed the victim on the bed, and put the victim’s name and the bed.