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(영문) 서울중앙지방법원 2014.10.17 2014노2659

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant: misunderstanding of legal principles and unreasonable sentencing;

2. Determination on the grounds for appeal

A. In light of the legal principles, according to the records of this case, the defendant continued to have been treated by showing symptoms of “a alcohol search clinic and a detailed unknown stimulative disorder” from August 1, 2007.

However, comprehensively examining the various evidences duly adopted and examined by the lower court and the materials present at the argument of the instant case, including the following: (a) the developments leading up to the instant crime; (b) the means and methods of the crime; (c) the Defendant’s conduct before and after the crime; and (d) the circumstances after the crime; and (c) the Defendant appears to have no hindrance to performing a certain degree of work life despite the aforementioned disease; (d) the Defendant was unable to discern things or make decisions due to the “ alcohol search and stimulative disorder in detail” when the instant crime was committed

not appear to have been in a state of lacking capacity or lack of capacity.

(2) According to the evidence duly admitted and examined by the court below due to the mental and physical disorder, the defendant was found to have been in a state of drinking alcohol at the time of committing the crime of this case, but the defendant lost his ability to discern things or make decisions.

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 committing the crime consistently change, the defendant appears to be due to the symptoms of temporary memory impairment witness (blak-out, inner referring to the phenomenon of film cut, and blackout, which affected the input and interpretation of information by lowering the activities of piracy cells whose alcohol is temporary memory storage, but in such cases, the brain other parts are known to maintain normal activities.).