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(영문) 서울고등법원 2013.05.30 2013노1212

준강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant has committed the instant crime in a state of mental disorder due to mental stress, depression, and medication.

B. In light of the fact that the Defendant’s assertion of unreasonable sentencing is divided into his mistake, the Defendant’s health status, etc., the lower court’s imprisonment (four months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the argument of mental and physical disability, the fact that the defendant suffers from euthanosphye is recognized, but in light of the background of the crime, the method and content of the crime, the defendant's behavior and attitude before and after the crime, etc., it does not seem that the defendant was in a state of weak ability to discern things or make decisions.

Therefore, this part of the defendant's argument is without merit.

B. The Defendant’s assertion of unfair sentencing is against his own mistake, and thus, the stolen cell phone returned to the victim, the circumstances favorable to the Defendant, such as the Defendant’s health condition, and the Defendant committed the instant crime while being tried at a trial by means of the first head of the judgment of the lower court. In particular, the Defendant committed the instant crime during formal trial due to the same crime. The Defendant, from the beginning, committed the instant crime by getting on a bus in a direction different from his destination for the purpose of committing an indecent act against women, including the Defendant’s age, character, character, environment, family relationship, motive and background of the instant crime, method and consequence of the crime, and circumstances unfavorable to the Defendant, such as the Defendant’s punishment, etc., it is not recognized that the lower court’s punishment is unreasonable because it is too excessive.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.