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(영문) 서울고등법원 2015.02.06 2014노3722
강간미수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the court below is too unreasonable.

2. The judgment that the defendant recognized the crime of this case and divided the wrong facts, the crime was committed in parallel, the defendant appears to have committed the crime of this case under the influence of drinking, the defendant's age appears to have committed the crime of this case, and it seems that the growth environment was not net due to divorce between his parents and his wife, and the fact that the defendant's wife appeals against the defendant is favorable to the defendant.

On the other hand, the instant case is an unfavorable circumstance to the Defendant, such as: (a) the Defendant, who drinking alcohol in a restaurant, changed the side of the married victim; and (b) the Defendant attempted to rape by entering a toilet following the victim; (c) the nature and circumstances of the relevant crime are considerably not good; (d) the victim would have been suffering from a huge shock and suffering that is difficult to mentally cure due to the Defendant’s criminal act; (b) the Defendant did not yet receive a letter from the victim; and (c) the Defendant had a record of having received juvenile protective disposition twice due to indecent act by force and rape of the same kind of criminal as this case.

In addition, considering the Defendant’s age, criminal records, character and conduct, environment, family relationship, motive and circumstances after the crime, etc., the lower court’s punishment seems to be too inappropriate, and thus, the Defendant’s assertion of unfair sentencing is difficult to accept.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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