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(영문) 서울고등법원 2016.10.20 2016노2476
강간미수
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below is too inappropriate.

2. It is recognized that the judgment defendant repents his mistake.

However, the crime of this case is about the attempted rape of a victim who was known to the defendant through the introduction of her friendly relationship, and the nature of the crime is not good. The crime of this case is about the victim's considerable mental suffering and pain due to the crime of this case, the defendant's efforts to punish the defendant by failing to agree with the victim up to the trial time, and other conditions of sentencing specified in the argument of this case, such as the defendant's age, character and conduct and environment, motive, means and consequence of the crime, etc., are considered in consideration of the defendant's age, character and behavior and environment, motive and consequence of the crime, and circumstances after the crime. Thus, the defendant's above assertion is groundless.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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