아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) withdrawn the assertion that the period of disclosure and notification is unreasonable on the first trial date of this court.
1) Since the Defendant committed the instant crime in a state of mental disability due to the adjustment disorder of sexual impulses, he/she is obliged to reduce the sentence against the Defendant. 2) The lower court’s sentencing is too unreasonable.
B. The lower court’s sentencing of the prosecutor (e.g., e., e., e., e., t
2. Determination
A. As to the claim of mental disability, the lower court acknowledged that the Defendant committed the instant crime under the lack of the ability to change things or make decisions due to the disorder of sexual impulse control, but did not reduce the sentence against the Defendant. In full view of the following circumstances, the lower court’s above measures cannot be deemed unlawful. Accordingly, this part of the Defendant’s assertion is without merit.
① On January 19, 2010, the Defendant was sentenced to five years of suspended execution for three years, and six months of imprisonment for a crime committed by “indecent act by force against South and North Korean students” at the Gwangju District Court of Gwangju, for a crime committed by force by force. < Amended by Act No. 1033, Jul. 14, 2011; Act No. 1054, Jul. 14, 2011>
② The instant crime also committed the instant crime by the Defendant, “Indecent act by force by force by inducing the victim, who is a male and female student, to play a sexual organ,” and the crime with similar contents is repeated. Furthermore, the instant crime was committed during the period of repeated crime.
③ Article 10(2) of the former Criminal Act provides that “The act of a person who has weak capacity under the preceding paragraph due to mental disorder shall be mitigated from punishment.” However, the above provision was amended by Act No. 15982, Dec. 18, 2018; and “the act of a person who has weak capacity under the preceding paragraph due to mental disorder” may be mitigated from punishment.