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(영문) 대구지방법원 2016.10.21 2015노4045
사기미수교사등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence for one year of imprisonment) is too unhutiled and unfair.

2. The judgment of the defendant is in conflict with all of the crimes of this case; D is not prosecuted despite the defendant's complaint; and related claim for damages is withdrawn. However, each of the crimes of this case is very inappropriate for the defendant to file a complaint against D to female-friendly C for the purpose of agreement and to file a claim for damages; the crime requires strict punishment as a serious crime that disturbs the criminal justice procedure and the exercise of the State's penal authority; in particular, if the defendant is classified as rape as the crime of this case, he/she will be placed in the investigative agency and be examined; if the facts charged are known to others, even if not guilty, he/she will suffer unfavorable disadvantages, such as the victim's family or society's considerable harm in terms of the nature of the crime; the defendant's statement and investigation into the crime of this case; the defendant's motive and consequence of the crime of this case may be notified to the defendant's statement and investigation into the crime of this case; and the defendant's statement and investigation into the circumstances of the crime of this case; and the defendant's testimony and investigation into the danger of the crime of this case.

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