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(영문) 서울고등법원 2019.03.14 2018노3542
강간미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The sentencing of the lower court is too unreasonable. (2) Although there are special circumstances under which disclosure and notification order of unfair sentencing should not be disclosed, it is unreasonable to order the lower court to disclose and notify the Defendant’s information for three years.

3 The court below's improper order of employment restriction to the defendant for three years against child and juvenile-related institutions, etc. is improper.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. Considering the fact that the instant crime on the assertion of unfair sentencing by the Defendant and the prosecutor is about rape and attempted rape in a church and the nature of the crime is not good, the Defendant has the criminal records sentenced to a fine due to an indecent act by force, the victim appears to have suffered a lot of mental pain due to the instant crime, and the Defendant did not receive a letter or reach an agreement from the victim up to the trial, strict punishment against the Defendant is necessary.

However, considering the defendant's age, character and environment, motive, means and consequence of the crime, conditions of sentencing specified in the argument in this case, such as the defendant's age, character and environment, motive, means and consequence of the crime, and the scope of recommended sentence according to the sentencing guidelines of the Sentencing Committee of the Supreme Court, etc., the sentence imposed by the court below is deemed appropriate and too heavy or unreasonable. Thus, the defendant and the prosecutor's above assertion are without merit.

(b)an improper order of disclosure and notification;

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