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(영문) 서울고등법원 2013.12.12 2013노3085
강간미수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the lower court (two years of imprisonment, forty hours of order to complete a program, and order to disclose and notify information for three years) is too unreasonable.

2. We recognize the following circumstances: (a) the Defendant recognized both the instant crime and reflects his mistake; (b) the Defendant appears to have committed the instant crime in a state where the Defendant was under the influence of alcohol, which appears to have led to the instant crime by contingency; (c) the commission of the instant crime was committed; (d) the Defendant did not have any history of criminal punishment for committing a sex offense in the Republic of Korea; and (e) there was no history of criminal

However, in this case, when the defendant intending to rape a female while drinking together at the victim's house, and the victim resisted against his will and attempted to commit rape, and the defendant tried to commit rape in violation of the victim's subparagraphs, which he had been living in a human relative. The crime of this case led to the victim's occurrence of apprehension and fear, and the victim complained of difficulties in normal daily life due to the crime of this case. Furthermore, as the defendant committed the crime of this case with the victim's suspicion, it seems that the victim was suffering from considerable mental pain and sense of shame by making a false statement as he committed the crime of this case. Accordingly, it is not recognized that the punishment imposed by the court below is unfair, considering the fact that the victim wanted to commit severe punishment against the defendant, and other various sentencing conditions indicated in the argument of this case, such as the defendant's age, character, occupation and environment, etc.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

(However, since it is apparent that the "Isber" of two pages of the judgment of the court below is a clerical error, it shall be deleted and corrected in accordance with Article 25 (1) of the Regulations on Criminal Procedure.

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