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(영문) 인천지방법원 2014.12.17 2014노843

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

B. The lower court’s sentence of unreasonable sentencing (fine 3,00,000) is too unreasonable.

2. According to the records of judgment on the claim of mental disability, it is found that the defendant was aware that he had drinking alcohol at the time of the crime in this case, but in light of the background of the crime in this case, the means and method of the crime in this case, and the circumstances before and after the crime, etc., it does not seem that the defendant had the ability to discern things or make decisions. Thus, the defendant'

3. The circumstances favorable to the defendant include: (a) the defendant's attempt to commit the instant crime and misleads the defendant; and (b) the defendant has no record of being punished by the same kind of crime or of having been sentenced to a fine exceeding the fine, etc.

However, the crime of this case is an indecent act against a female victim who was under the influence of alcohol by the defendant. In light of the circumstances of the crime, the nature of the crime is bad in light of the circumstances of the crime, and other various sentencing conditions shown in the records and arguments, such as the age and happiness environment of the defendant and the circumstances before and after the crime, the punishment of the court below against the defendant is too unreasonable.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.