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(영문) 서울고등법원 2019.07.05 2019노665
준강간미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor and imprisonment with labor for one year and six months) by the court below is too unreasonable.

2. The fact that the crime of this case is not good and the victim seems to have been highly shocked due to the crime of this case is disadvantageous to the defendant.

On the other hand, however, the crime of this case was committed frequently, and the defendant committed the crime of this case, and all of the crimes of this case, the defendant was guilty, and there was no force to commit the crime of this case.

The defendant paid compensation to the victim and expressed his/her intention that the victim does not want the punishment.

When comprehensively considering these circumstances and various sentencing conditions as shown in the instant records and arguments, the lower court’s sentence is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.

[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances as stated in paragraph (2) of the same Article);

1. Article 62 (1) of the Criminal Act (wholly favorable circumstances as stated in the above paragraph (2));

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the defendant under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse before committing the instant crime.

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