강제추행
The judgment of the court below is reversed.
The defendant is innocent.
1. Summary of grounds for appeal;
A. The court below rejected the Defendant’s assertion that, despite the fact that the Defendant was in a state of mental disorder due to a mental division disease at the time of committing the instant crime, the Defendant only recognized the Defendant’s mental disorder and was in a state of mental disorder.
Therefore, the judgment of the court below is erroneous in the misapprehension of the judgment as to the degree of mental disorder under Article 10 (1) of the Criminal Act.
B. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, and forty hours of order to attend a course) is too unreasonable.
2. Determination on the grounds for appeal
A. The summary of the facts charged is that the Defendant received treatment from the psychiatrist of a medical corporation from July 9, 2003 to January 12, 2004, and is currently hospitalized in the same hospital as a mental divided disease.
The Defendant, at around 12:45 on October 24, 2012, committed an indecent act by force against the victim, such as the victim E (the age of 20), who walked on a road before the Daegu-gu D Apartment on October 24, 2012, when the mental divided disease lacks the ability to discern things or make decisions, and the victim’s face was forced, such as facing the face of the victim.
B. The lower court determined that, even though the Defendant was in a state of mental disorder at the time of committing the instant crime, the lower court rejected the Defendant’s assertion of mental disorder and convicted the Defendant of the instant charges, on the ground that it did not appear that the Defendant had no ability to discern things or make decisions.
C. The mentally defective person under Article 10(1) of the Criminal Code of 1 related legal principles refers to a person who lacks the ability to distinguish between the person’s ability to distinguish the person’s wrongness and trial cost, or lacks the ability to control his/her act by determining whether he/she has the capacity to distinguish the person’s wrongness and trial cost, i.e., the person with a mental disability under Article 10(2) of the Criminal Code.