강제추행
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (mental disorder and sentencing) was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime, and the sentence of the lower court (five million won punishment, and 40 hours ordered to complete a sexual assault treatment program) is too unreasonable.
2. Determination
A. As to the assertion of mental disorder, in light of the following circumstances indicated in the record of the instant case, namely, the motive and background of the instant crime, the method of the crime, and the circumstances before and after the instant crime, the Defendant had no or weak ability to discern things or make decisions at the time of the instant crime.
It is difficult to see otherwise and there is no other evidence to recognize the mental disorder of the defendant.
Therefore, the defendant's mental disorder cannot be accepted.
B. The fact that the Defendant recognized the instant crime with regard to the wrongful assertion of sentencing is an unfavorable circumstance to the Defendant, such as the fact that the Defendant committed the instant crime, even though the period of suspension of execution due to the Defendant’s favorable circumstances or violent crimes, and that the Defendant was unable to agree with the victim, and that the sexual humiliation or mental shock that the victim sleepd was not
Considering such factors as favorable or unfavorable to the defendant, the sentence of the court below is too unreasonable because the sentence is too unreasonable.
Therefore, the defendant's improper assertion of sentencing is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.