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(영문) 서울고등법원 2013.06.07 2012노3179
강간미수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and 40 hours ordered to complete a sexual assault treatment program) imposed by the lower court is excessively unreasonable.

2. The circumstances favorable to the Defendant are as follows: (a) the Defendant, while under the influence of alcohol, seems to have caused the instant crime because the Defendant was unable to refrain from prudently under the influence of alcohol; (b) rape itself was about attempted to commit the instant crime; and (c) the tangible power exercised during the commission of the crime does not seem to have much weighted compared to other sexual crimes; (d) the Defendant has no history of sex offense; and (e) the Defendant appears to be responsible for the father’s medical care

On the other hand, the crime of this case was committed by the defendant to rape the victim who is a deadly living together with him, and is not good in light of the relationship between the defendant and the victim, the circumstances leading up to the crime of this case, etc. (the defendant is prone to the son who was living together with the victim of this case, and there was only the enemy that had been easy to drink after drinking together with the victim before the crime of this case. Thus, the victim seems to have reached the mental shock and suffering of the victim due to the crime of this case, and the fact that the victim wanted to punish the defendant, etc. is disadvantageous to the defendant.

In addition, considering the various conditions of sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, and circumstances after the offense, it does not seem that the sentence imposed by the lower court is unreasonable.

Therefore, the defendant's assertion is difficult to accept.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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