beta
(영문) 울산지방법원 2017.08.24 2017노822

준강제추행

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of the instant crime, the Defendant was suffering from mental illness, such as a stimulative disorder, which is detailed in detail at the time of the instant crime, and was in a state of mental and physical loss or mental weakness by drinking alcohol.

2) The sentence sentenced by the lower court to the Defendant (six months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Judgment on the grounds for appeal

A. According to the records as to the defendant's mental disorder, the defendant suffered from mental illness, such as a stimulative disorder at the time of the crime of this case, although he is deemed to have a stimulative disorder at the time of the crime of this case, considering the contents and progress of the crime of this case, the defendant's behavior before and after the crime of this case, it does not seem that the defendant did not have the ability to discern things or make decisions, and therefore, the defendant's mental and physical disorder argument is without merit.

B. The circumstances favorable to the Defendant and the Prosecutor’s argument on the unfair sentencing: the Defendant appears to have committed the instant crime, recognizing the facts themselves, and against them.

D. Unfavorable circumstances: The crime of this case is the place of the prosecution, the degree of the prosecution, etc., and the crime of this case is bad.

In light of the above favorable circumstances, the defendant's age, character and health conditions, including unfavorable circumstances, relationship with the victim, motive means of the crime, the circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines (types of imprisonment for six months to two years) and the general standard of the crime of indecent act by force (the target of 13 years or more) in accordance with the general standard of the crime of indecent act by force (the target of 13 years or more), there is no type 1 [the person subject to special sentencing] [the scope of recommended punishment] basic area (6 months or more to two years), the sentence imposed by the court below is too heavy.