성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
The defendant's appeal is dismissed.
The Defendant with mental and physical disorder in the summary of the grounds for appeal was under the influence of alcohol at the time of each of the instant crimes.
In light of the various sentencing conditions in this case, the punishment sentenced by the court below (the completion of sexual assault treatment programs with 2 years and 6 months and 40 hours of imprisonment) is too unreasonable.
Judgment
According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, although the defendant was aware of drinking alcohol at the time of the crime in this case, the defendant was found to have been guilty of drinking, that is, the following circumstances acknowledged by the evidence mentioned above, namely, the defendant: (a) the victim was married to the hospital room according to the victim who was the victim before the defendant; (b) the victim was discovered to the security guard of the hospital who was unsatisfing the victim's name, and (c) the victim was vindicateed as her woman-friendly body and left the site (Evidence 32,33 of the evidence record); (d) the victim was divided into several parts at the time of the crime, but the victim was
In light of various circumstances, such as the fact that the victim stated (19 pages of evidence), the victim, and the Defendant, even if based on CCTV images taken up by the victim and the Defendant entering the hospital, the victim was under the influence of alcohol and coming to the hospital. On the other hand, the Defendant took a view of the following: (a) the Defendant was able to discern things or make decisions under the influence of alcohol; and (b) the Defendant was able to take a walk back by the victim after the victim’s appearance without arm’s length (the 59th page, 72 side of evidence record).
It does not appear.
In particular, according to Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 10 of the Criminal Act may not apply to a sexual crime committed in the state of mental disorder caused by drinking.
The defendant was in a state of mental and physical weakness due to drinking at the time of committing the crime.
Even if the crime of indecent act is committed, the background and method of the crime, and the age of the victim.