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서울고등법원 2015.11.19 2015노2441

강제추행등

Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and imprisonment for two years and six months) sentenced by the court below to the defendant and the candidates for medical treatment and custody (hereinafter “defendants”) are too unreasonable.

2. Determination

A. There are extenuating circumstances such as: (a) the Defendant committed each of the instant crimes with weak mental and physical disorder due to a man who is accompanied by both extreme disorder and mental symptoms; (b) all of the crimes committed by indecent act by compulsion; (c) the degree of the indecent act is relatively minor; and (d) the stolen pension lottery ticket was returned to the victim in entirety; and (c) there are no actual damage caused by the use of forged securities, securities, and fraud.

However, each of the crimes of this case is likely to be criticized in that the defendant committed another same act during the period of repeated crimes, even though the defendant had been sentenced four times in total as a larceny crime, there is no particular measure to recover damage caused by each of the above crimes, and there is no other measure to receive a sentence of punishment corresponding to the criminal liability against the defendant, so it is inevitable to render a sentence of punishment corresponding to the criminal liability against the defendant, since there is no specific measure to recover damage caused by each of the above crimes, and there is no separate measure to obtain use from victims.

In full view of such circumstances and other factors as the defendant's age, character and conduct, environment, motive and circumstance of the crime, the means and consequence of the crime, the circumstances after the crime, etc., the lower court's punishment seems to be appropriate, and it is too unreasonable.