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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구고등법원 2018.01.18 2017노568
강간미수등
Text

Defendant

In addition, the observation of the protection and the appeal by the requester for the attachment order and the prosecutor are dismissed.

Reasons

With respect to the punishment (one year and six months of imprisonment, personal information disclosure and notification three years of notification) sentenced by the court below to the defendant and the person to whom the order to attach an electronic device was requested (hereinafter referred to as the "defendant"), the defendant asserts that the defendant is too unreasonable and unfair, and the prosecutor argues that it is too unfasible and unfair.

Judgment

Examining the various sentencing conditions in the instant case regarding each of the Defendant and the Prosecutor’s respective arguments on sentencing, the circumstances favorable to the Defendant are as follows: (a) the Defendant appears to be against the mistake while viewing the entire crime; (b) forced indecent act was committed; (c) most stolen goods were recovered; and (d) one of the larceny victims does not want the punishment of the Defendant.

On the other hand, the crime of this case was committed by the defendant in the attempt to attract 20 women who are going to clean in the toilet of the commercial building, and was stolen by taking out the resident registration certificates, credit cards, or by taking the wall on two occasions from the room of scam and human-type extractions. In light of the crime's circumstance, method, frequency, etc., it is not easy that the crime was committed, and the damage caused by the crime of attempted indecent acts would have caused considerable mental shock and sexual humiliation. If the victim did not go out of the toilet actively against the victim, the victim could have suffered more serious damage, and the defendant did not receive a letter from the victims of forced indecent acts and the remaining victims, and the defendant did not receive a suspended sentence for ten months due to forced indecent acts on February 9, 2017, and the defendant tried to commit the crime of this case against women during the suspended execution period, and attempted to commit the crime of this case for an unspecified period of time, and it was also found that the defendant committed the crime of this case during the suspended execution period.

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