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(영문) 서울고등법원 2018.12.21 2018노2495
강간미수등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The judgment below

(2).

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant and the person who requested the attachment order (hereinafter “Defendant”) (hereinafter “Defendant”) on the part of the instant case (unfair sentencing) is too unreasonable.

B. A part of the case for which an attachment order is requested is likely to recommit a sex crime in the future.

It is unreasonable for the court below to order the defendant to attach an electronic tracking device for a period of five years.

2. Determination

A. It is recognized that the crime of this case in the part of the defendant case was committed by the defendant, who attempted to have sexual intercourse with the victim C and Q by force, committed an indecent act by force, or did not submit personal information without justifiable grounds despite the defendant's duty to submit personal information. The defendant used the taxi without any intent to make a change, or stolen the body card 2, etc. of the victim J, and used the stolen body card by settling drinking water and telephone room using the body card, and the crime was not good, and the victim C and Q appears to have suffered considerable mental shock due to the defendant's attempted rape. The defendant committed an indecent act in the course of the suspension of the execution of the execution of the execution of the procedure, and committed another crime of rape without being aware of the fact that the defendant committed an indecent act.

However, the Defendant committed the instant indecent act in the first instance trial and is in depth and is in violation of the full recognition of all the instant crimes. In addition to the victim V of the instant indecent act committed by force agreed by the lower court, the victimJ of the larceny, and the victim C, Q and Q of the attempted rape in addition to the victim P, the Defendant did not want to punish the Defendant; the Defendant committed each rape crime; and the Defendant committed each rape crime; and the Defendant committed each rape crime and the commission of the larceny and the commission of the fraud are relatively minor.

In addition, the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, family relationship, motive and means of the crime of this case, and circumstances after the crime.

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