beta
(영문) 서울중앙지방법원 2014.12.19 2014노4032

모욕등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of both appeals;

(a) Prosecutor: Unfair sentencing (in particular, on the exemption from disclosure and notification of personal information)

B. Defendant: Error of mistake of facts (in the case of indecent act by compulsion, it is difficult to see that the person was under the influence of alcohol and does not intentionally take place) and misapprehension of legal principles (in the case of indecent act by compulsion, not intentionally take place), and unreasonable sentencing.

2. Determination on the grounds for appeal

A. According to the evidence duly admitted and examined by the court below as to the Defendant’s assertion of mistake of facts, it is recognized that the victim G, who was suffering from the Defendant, who was under the influence of alcohol at the time, was her child at the time, was her child at the victim G, who was her child at the time.

According to the above facts, the defendant can be found to have intentionally committed an indecent act against the victim's her tampt from the beginning, and can not be deemed to have her boomed against the victim under the influence of alcohol.

This part of the defendant's assertion of mistake is not accepted.

B. According to the evidence duly admitted and investigated by the court below as to the Defendant’s assertion of misapprehension of the legal principles, even though the Defendant was in a state of drinking at the time of each of the instant crimes, the Defendant was deemed to have been in a state of drinking, but lost its ability to discern things

or lack of such capacity. It does not appear that the institution was in a state of lacking capacity.

In addition, although the contents or circumstances at the time of each of the instant crimes are consistently changed to be completely not memory, it is deemed that the symptoms (blak-out, innerly called "decracing", and blackout, which affected input and interpretation of information, are attributable to the symptoms of temporary memory loss witness due to exploitation (blak-out, innerly called "decracing," but in such a case, it is known that alcohol has a negative effect on the entry and interpretation of information because of degradations of the piracy cells which are temporary storage.).