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(영문) 서울고등법원 2017.11.23 2017노2597
강간미수등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. In full view of the evidence submitted by the Prosecutor 1), even though the Defendant could fully acknowledge the attempted rape over two occasions, the lower court rendered a not-guilty verdict on all of the facts charged. The lower court erred by misapprehending the legal doctrine.

2) Improper sentencing of the lower court is deemed unreasonable.

2. Determination

A. On March 2017, the Prosecutor’s argument that the Defendant attempted to commit rape in March 1, 2017 (a summary of this part of the facts charged) the Defendant attempted to engage in sexual intercourse with C with C’s chest in his hand, her hand, by stating that D’s revised building of Sungnam-si in March 2017 and C’s dwelling inside the Defendant’s room located on the strabb in the stra of the Defendant’s room, which had been sealed up to the Defendant’s room, and then, “any defect”. The Defendant attempted to engage in sexual intercourse with C with C’s chest on one occasion and continuously hand. However, C’s her completely resisted her, and the Defendant’s escape was not carried out without having the intent to escape out of the wind.

Accordingly, the Defendant attempted to rape C.

B) On May 3, 2017, the Defendant committed rape on or around May 3, 2017: (a) around May 3, 2017; (b) around 21:50, the Defendant, as indicated in the facts stated in the facts constituting the crime in the judgment of the court below, from the Mar, 2017, coming out of the Defendant’s house of capital with capital in capital in capital in capital in capital in capital in capital in capital in capital in capital in capital; and (b) whether the

H. The term “Ign only the death day of the inside” of this year, and the term “Ign the inside of the inside of the Republic of Korea only the death day of the death day of the death day of the inside of the Republic of Korea,” and the two hand tried to have sexual intercourse with C by cutting off C’s standings, such as C, from one time to one side, and doing so. However, C did not go against C’s perfect resistance and the Defendant’s escape from the outside of the gate, but did not go against it.

Accordingly, the Defendant attempted to rape C.

2) The lower court’s determination is as follows.

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