(영문) 서울고등법원 2015.02.12 2014노4026 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2015.02.12 2014노4026

강간미수

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts did not have exercised the tangible power to the extent that the victim’s resistance was prevented or significantly difficult.

The defendant had no intention to commit rape.

(2) The sentence of the lower judgment on unreasonable sentencing (one year and six months of imprisonment, and three years of suspended execution) is too unreasonable.

B. (1) The sentence of the judgment of the court below on unreasonable sentencing is too uneasible and unreasonable.

(2) It is unreasonable for the lower court to have exempted the Defendant from disclosure and notification orders.

2. Determination

A. The Defendant also asserted the same purport as the grounds for appeal in this part of the judgment below regarding the Defendant’s assertion of mistake of facts.

On the other hand, the court below rejected the defendant's assertion on the following grounds: (a) considering the facts admitted by the evidence adopted by the court below, the defendant's act was deemed to have commenced the exercise of tangible force to the extent that the victim's resistance was threatened or significantly difficult; and (b) the defendant had the intent to commit rape.

In light of the records, the above judgment of the court below is just and there is no illegality that affected the conclusion of the judgment by mistake of facts.

This part of the defendant's assertion is without merit.

B. The instant crime of determining the allegation of unfair sentencing by the Defendant and the prosecutor is an attempted rape of a victim who is a part of his/her workplace, and the crime is deemed bad.

As a result, the victim suffered considerable mental suffering.

Nevertheless, the damage has not been recovered, and the victim has been punished for the defendant.

Meanwhile, in light of the relationship between the Defendant and the victim before the instant case, the Defendant seems to have judged the victim's intention wrong and reached a somewhat contingent crime of this case.

Although it did not reach an agreement, the Defendant reflects his mistake.

유사 판례

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