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(영문) 서울고등법원 2018.01.11 2017노2838

강제추행등

Text

Defendant

In addition, the appeal filed by the person who requested the medical care and custody is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Determination

A. It is recognized that the part of the case of this case committed the crime of this case in a state of mental and physical weakness due to symptoms of molet, etc. by the defendant and the victim of the medical care and custody (hereinafter the defendant) of this case, and the defendant committed the crime of this case.

However, the defendant again committed the crime of this case despite his previous conviction, and the crime of this case was committed several times by force by the defendant, committed an indecent act against the victim K, etc., assaulted against the victim K, etc., and insulted the victim T, a police officer called out after receiving a report of an openly forced indecent act, and the nature of such crime is not good, and the defendant did not agree with the victims up to the time of the trial, and considering the defendant's age, sex and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., it is not recognized that the sentence of the court below is too unreasonable. Thus, the above argument by the defendant

B. The part of the medical care and custody case is deemed to have filed an appeal regarding the medical care and custody case pursuant to Article 14(2) of the Medical Care and Custody Act inasmuch as the Defendant filed an appeal regarding the Defendant’s case. However, the Defendant did not submit legitimate grounds for appeal regarding the medical care and custody case. Moreover, the petition of appeal filed by the Defendant does not state the grounds for appeal on this part, and the record alone does not contain any grounds for ex officio examination.

3. As such, the defendant's appeal is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and Article 51 of the Medical Care and Custody Act. It is so decided as per Disposition (Provided, That each defendant of the 4, 10, and 12 of the judgment of the court below is the defendant's ability or intent to discern things due to the increase of plunder, etc., of each of the following.