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(영문) 대구지방법원 2014.07.24 2014노1838

준강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing each of the instant crimes, and was in a state of mental disability or mental disability.

The judgment of the court below which did not reduce punishment or acquittal is erroneous in the misapprehension of legal principles as to mental and physical disorder, which affected the conclusion of judgment.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court in its determination on the assertion of mental and physical disorder, it is recognized that the Defendant was in a drinking condition at the time of the instant crime, but the Defendant did not have the ability to discern things or make decisions due to such fact in light of the background, contents, and the circumstances after the instant crime.

in such a manner as to be deemed to have been or weak.

The defendant's mental disorder is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing is against the recognition of the crime and reflects on the allegation of unfair sentencing.

However, even though the defendant was punished once for the same crime and had been punished several times for the violent crime, he again committed the crime of this case.

The crime of this case is an indecent act against E in a state of irreshing, avoiding resistance, and committing an indecent act against E in a manner that commits an indecent act against E, i.e., e., humping the lock, and the victim F, who was the victim F, in the form of an indecent act, method, and the circumstances after the indecent act, etc.

The victims did not agree with the victims even though they were recognized as having suffered considerable mental impulse due to the crime of this case, and they did not recover from damage.

In addition, in full view of all the sentencing conditions shown in the records and arguments, such as the defendant's age, character and conduct, environment, motive and circumstances after the crime, etc., the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

3. Thus, the defendant's appeal is without merit.

참조조문