(영문) 서울고등법원 2018.07.06 2018노447 | 리걸엔진

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(영문) 서울고등법원 2018.07.06 2018노447

준강간미수

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment, three years of suspended execution, etc.) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, in light of the following: (a) a person who, after aiding and abetting a director of the victim, who was the defendant's wife, had locked together with the victim, tried to engage in sexual intercourse with the victim; and (b) the nature of the crime is not good in light of the circumstances and circumstances; (c) the victim appears to have been suffering from considerable mental pain and sexual humiliation; and (d) the Defendant did not receive a written instruction from the victim until this court.

On the other hand, the Defendant recognized all of his own crimes and divided them in depth, and the Defendant is a primary offender who has no record of criminal punishment, and the Defendant appears to have endeavored to recover from damage by deposit of KRW 7,00,000 for the victim, etc.

In addition, in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of other circumstances that are the conditions of sentencing, such as the Defendant’s age, sex, environment, relationship with the victim, motive or circumstance of the crime, and circumstances after the crime, it is not deemed that the sentence imposed by the lower court is too heavy or unhued and it goes beyond the reasonable scope of discretion.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

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