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(영문) 대전고등법원 2014.10.31 2014노302

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the respondent for an attachment order (hereinafter “Defendant”) (1) A mentally ill-incompetent Defendant was in a state of mental disability due to symptoms of her child care at the time of each of the instant crimes.

(2) The lower court’s sentencing (two years and six months of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. The judgment of the defendant and the prosecutor filed an appeal against the prosecuted case is deemed to have filed an appeal against the attachment order case pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, there is no statement in the grounds of appeal or the petition of appeal filed by the defendant and the prosecutor, and there is no ground for reversal ex officio.

A judgment on the grounds for appeal by a defendant's mental or physical disorder appears due to a sexual defect in terms of character. It is reasonable to view that the circumstance of a disease such as a sonia does not themselves constitute a mental or physical disorder which is the grounds for reduction or exemption of punishment. However, there is room to recognize a mental or physical disorder in the case where the symptoms are very serious and it is deemed that the disease is the same as the person with a mental disorder in its original meaning, or there is concurrent with other mental or physical disorder. In such cases, the recognition of mental or physical disorder can be independently determined by the court by taking into account the degree of a sonia evidence, motive and cause of the crime, the motive and means of the crime, the conduct and form of the crime, the act of the defendant before and after the crime, the existence of evidence destruction, the degree and degree of memory of the crime and the situation before and after the crime, light lights, the method and attitude of defense and defense in the courtroom prior to the occurrence of a sonia, the nature of the defendant before and after the occurrence

(Supreme Court Decision 2006Do7900 Decided February 8, 2007, etc.). Defendant and defense counsel also raise an objection to the lower court.