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(영문) 대구고등법원 2013.05.22 2012노725
강간치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months, and three years of suspended execution) of the lower court is deemed to be too uneasible and unfair.

2. The crime of this case is that the defendant attempted to rape the victim, who is a workplace ward, with the influence of alcohol, and the victim was injured in the course of the attempted rape.

In light of the following circumstances: (a) the Defendant’s unlawful act of intending to engage in sexual intercourse against the victim’s will is reasonable; (b) the Defendant appears to have caused the instant crime by misunderstanding the victim’s will; (c) the commission’s basic crime was committed despite the occurrence of the result of injury; and (d) the degree of injury suffered by the victim was not much serious; (b) the Defendant deposited 2 million won for the recovery of damage caused by the victim; (c) the Defendant has no criminal record; and (d) the Defendant faithfully lives in the company before the instant crime was committed; and (e) the Defendant supports the mother who suffered from stroke and stroke, such as the Defendant’s age, character and conduct, family relationship, circumstances, and details of the instant crime; (d) the scope of punishment recommended according to the sentencing guidelines of the Sentencing Committee [where the result of a sexual crime, sex crime; (e) the degree of injury inflicted upon the victim; (e) the Defendant’s deposit of the victim’s mistake; and (e) the Defendant has no record of any criminal history; and (e) the Defendant’s punishment scope of imprisonment for more than two years.

Therefore, the prosecutor's argument of unfair sentencing is justified.

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