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(영문) 서울고등법원 (춘천) 2014.07.23 2014노95

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event of an insane or mental or physical disorder, the Defendant and the person to whom the attachment order was requested (hereinafter referred to as the “Defendant”) committed an offense as set forth in paragraph (1) of the judgment of the court below, even though they were in the state of mental or physical disorder due to depression or the insane

B. The sentence of imprisonment (two years of imprisonment) by the lower court is too unreasonable.

2. Determination on the part of the defendant's case

A. According to the record of the determination of mental or physical disability or mental disability, the defendant can be found to have suffered from the fact that he/she had drinking alcohol at the time of committing the relevant crime and the fact that he/she has been suffering from the opulule. However, in light of the circumstances indicated in the records, such as the process of committing the crime and the conduct before and after the crime, it cannot be deemed that he/she was under the influence of alcohol or she was in a state of lacking ability to distinguish things and make decisions,

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

B. Although the Defendant appears to have led to the confession of a crime and reflective attitude on the assertion of unfair sentencing, considering the fact that the Defendant was sentenced to the same kind of crime and again committed each of the instant crimes under the condition of wearing an electronic tracking device during the repeated crime period, the Defendant did not agree with the victims, and other various sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

3. The judgment on the part of the case for which the attachment order is requested shall be deemed to have filed an appeal regarding the case of attachment order pursuant to Article 9(8) of the Act on the Probation and the Electronic Monitoring, etc. of Specific Criminal Offenders when the defendant filed an appeal against the prosecuted case. However, the defendant's petition of appeal or the grounds of appeal shall contain the grounds of appeal.