강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
The information on the accused shall be disclosed for a period of five years;
1. The summary of the grounds for appeal alleged on the grounds of appeal that “the need for medical care and custody following mental and physical disorder” was “the need for medical care and custody following mental and physical disorder,” and explicitly withdrawn it on the second trial date.
A. The Defendant did not force the victim to commit an indecent act, and the victim on the day of the instant case did not inquire into the facts.
B. The punishment sentenced by the lower court against the Defendant (three years of imprisonment) is too unreasonable.
2. Determination on the part of the case of the defendant
A. Prior to the judgment on the grounds for an ex officio appeal, the following circumstances are acknowledged based on the evidence duly adopted and investigated by the court below and the court below. In other words, the Defendant applied to the N Hospital through the Native Health Center in the South Sea of South Korea due to impulse adjustment difficulties, violent behavior, etc. on July 28, 2015, and the Defendant showed symptoms such as the improper dynamic response, accident completion, communication difficulties, and decrease in recognition function. Accordingly, the Defendant suffered a disability of class 3 of intellectual disability in August 28, 2015, and the mental appraisal in the written statement of the written statement of the written statement of the treatment and custody for the public health care and custody for the public health doctor, “The Defendant suffers from intellectual disability at a level that has a low understanding of social norms and customs in Q 41 currently at the time.
The Defendant was suffering from the mental illness set forth above at the time of committing the crime, resulting in the deterioration of right and decision making.
I think, therefore, that he was mentally and physically weak.
In full view of the fact that the Defendant’s statement was written in the lower court and the Defendant’s attitude of statement in the trial court, the Defendant had weak ability to discern things or make decisions due to intellectual disorder, etc. at the time of committing the instant crime.
The decision is judged.
Therefore, the judgment of the court below that the defendant was physically and mentally weak at the time of committing the crime of this case is erroneous in the misapprehension of judgment.
However, the defendant's assertion of mistake as to the above reasons for reversal is justified.