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(영문) 창원지방법원 2017.03.23 2016노3114

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s crime of this case with mental or physical disorder was committed under the state of mental or physical loss or mental weakness by drinking alcohol.

B. The Defendant was not guilty of each of the facts charged in this case.

(c)

The punishment (one year of imprisonment, 40 hours of completion of sexual assault treatment programs) of the judgment of the court below which is unfair in sentencing is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, even though the defendant was under the influence of alcohol at the time of the crime of this case, considering the background, process of the crime, the defendant's behavior before and after the crime of this case, etc., it does not seem that the defendant lost the ability or decision-making ability to discern things, or did not seem to be weak. Thus, the defendant's argument of mental disorder is without merit.

B. In full view of the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the lower court did not err by misapprehending the facts in its judgment that found the Defendant guilty of the instant facts charged.

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

(c)

The conclusion of the judgment on the unfair argument of sentencing is that the defendant has been punished several times for violent crimes, the fact that the defendant has not been agreed with the victims, the fact that each of the crimes of this case was committed during the period of repeated crimes is an unfavorable reason for sentencing, and that the degree of injury seems not to be much severe, is a favorable reason for sentencing.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the crime, and all other matters on the sentencing indicated in the records and arguments of this case, the lower judgment’s punishment is deemed reasonable, and therefore, the Defendant’s assertion on this part is without merit.

(d)

Ex officio determination of the period of registration of personal information of this case shall be made based on the statutory penalty, nature of the crime, the circumstances of aggravated crimes and concurrent crimes.