강도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Sexual assault against the defendant for 80 hours.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant indecent act by force, and was in the state of mental and physical weakness or loss of mind and body.
2) The sentence sentenced by the lower court to the Defendant (one year and six months, etc.) is too unreasonable.
B. According to the evidence submitted by the prosecutor 1 of the facts, the Defendant’s use of violence or intimidation by the victim during the process of taking the Onnuri gift certificates from the victim to a person who was in the judgment of the court below falls under the extent of suppressing or significantly making the victim’s resistance difficult. However, since the Defendant failed to take the custody of Onnuri gift certificates from the victim, the Defendant’s act constitutes an attempted robbery. However, the lower court acquitted the victim of the robbery charges (main charges) on the ground that the above assault and intimidation did not reach the necessary extent for the establishment of robbery and did not reach the degree of robbery, but merely did not exceed the extent of restricting the victim’s freedom of decision-making or interfering with the freedom to carry out his/her decision-making. Thus, the lower court erred by misapprehending the legal principles
2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.
2. Determination
A. We examine the Defendant’s argument about mental disorder. In full view of the following: (a) the process and content of the crime of indecent act committed by force, the means and method, and the Defendant’s behavior before and after the crime committed by force, which was duly adopted and investigated by the lower court; and (b) the Defendant had no or weak ability to discern things or make decisions at the time of the crime of this case.
Therefore, the defendant's above assertion is without merit.
B. On February 13, 2015, the Defendant is located in Busan Dong-gu, Busan, on February 13, 2015.