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(영문) 서울고등법원 2019.11.21 2019노1689
준강간미수
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. In light of the circumstances favorable to the Defendant, the lower court sentenced the Defendant to the least sentence out of the applicable sentencing range, taking into account the following circumstances: (a) the instant crime committed committed committed by the Defendant, having access to the victim who was unable to resist under the influence of alcohol and attempted to have sexual intercourse with the victim, and attempted to have sexual intercourse with the victim; (b) the victim appears to have been suffering from considerable physical and mental pain; (c) the victim was willing to strong punishment against the Defendant; (d) the Defendant was committed in attempted crimes; and (e) the Defendant had no record of having been punished for the same kind of crime.

The sentencing of the lower court appears to have been appropriately determined taking into account the aforementioned various circumstances, and there is no new circumstance or special change in circumstances that could be reflected in the sentencing after the pronouncement of the lower judgment (in light of the background and content of the instant crime, and the process of deliberation, etc., even though the Defendant was led to confession at the time of the lower court, such circumstance alone cannot be deemed to have changed in circumstances enough to reflect the sentencing conditions). In addition, taking into account all the sentencing conditions in the pleadings, including the Defendant’s age, character and conduct, environment, family relationship, criminal records, criminal records, the circumstances after the crime, and the outcome, it cannot be deemed that the lower court’

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

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