beta
(영문) 부산지방법원 2021.01.22 2020노2085

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weakness at the time of committing the instant crime.

B. An unfair sentence of the lower court (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes due to the Use of Cameras, etc. (Kameras, etc.) among the 811 Incident in the lower judgment: Imprisonment with prison labor for one month, the lower court’s order 2019 higher order 5092, and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes due to the Posting of Images (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes due to the Use of Cameras, etc. (Kameras, etc.): Imprisonment with prison labor for five months) is too unreasonable.

2. Determination

A. In light of the background, means, and method of the instant crime committed by the evidence duly adopted and examined by the lower court, and the conduct before and after the instant crime, the Defendant had lost or weak ability to discern things or make decisions at the time of the instant crime.

It does not appear.

Therefore, the defendant's mental disorder is not accepted.

B. The lower court determined the Defendant’s punishment by taking into account the favorable and unfavorable circumstances of the Defendant, taking into account the factors favorable to the Defendant.

In full view of all the circumstances that are conditions for sentencing in this Court, the judgment of the court below exceeded the reasonable scope of its discretion.

There is no special change in circumstances that can evaluate or change the sentence of the court below.

In addition, even if the sentencing grounds revealed in the proceedings of the instant case, such as the Defendant’s age, environment, circumstances and result of the crime, etc., are comprehensively taken into account, the sentencing of the lower court exceeded the reasonable scope of discretion because it is too big.

It does not appear.

The defendant's improper assertion of sentencing also has no reason.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.