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(영문) 서울고등법원 2013.05.31 2013노1210
강간미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Despite the fact that all of the crimes of indecent act by compulsion and attempted rape in this case were committed with the consent of the victim, the court below convicted all of the charges by misunderstanding the facts against the rules of evidence and misunderstanding the facts.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In the judgment of the court below as to a mistake of facts, the defendant argued the same purport as the above reasons for appeal, and the court below rejected the above argument in detail with the argument of the defendant and his defense counsel in the judgment "the judgment of the defendant and defense counsel's assertion". A thorough comparison with the evidential materials, the judgment of the court below can be justified, and there is no violation of the rules of evidence or any error of law affecting the conclusion of the judgment by misunderstanding facts.

Therefore, this part of the defendant's argument cannot be accepted.

B. The crime of this case on the assertion of unfair sentencing is extremely poor in the nature of the crime committed by the defendant, taking advantage of the position of the head of the company that supplies skin to the victim's mother's mother's mother's mother's mother's child or the victim's mother's child's child's mother's child's child and sexual intercourse with the victim's attempted to commit indecent act by force, and then by inducing the victim to re-convene the victim by threatening the victim's mother's mother's child to know it. The method and circumstances of the crime are highly likely to criticize the victim's child, the victim who has repeated sexual assault from the defendant who had sexual intercourse with the victim's mother's child suffered a big mental suffering, and the victim's punishment is sought, etc., which are disadvantageous to the defendant.

For the defendant to be in a trial, the mother of the victim and the victim.

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