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(영문) 대구고등법원 2020.04.09 2019노635

강제추행등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

. Information on the Defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability such as alcohol dependence at the time of the instant crime.

B. The sentence imposed by the lower court (one year of imprisonment, etc.) is too unreasonable.

It is improper that the court below ordered the defendant to disclose and notify personal information and to attach an electronic device.

2. Determination

A. The following circumstances acknowledged by evidence duly adopted and examined by the lower court regarding the claim of mental or physical disability part 1: ① the Defendant was diagnosed with alcohol dependence, leulosis, and continued to undergo medical treatment before being detained by court due to hospitalization at the Daegu Suwon-gu Hospital on March 17, 2016; ② the doctor of the above hospital shows severe and unstable symptoms of emotional distress; ② on October 16, 2019, it is reasonable to view that the Defendant was punished by a fine for an indecent act committed by the victim who was using the same hospital on March 17, 2016; ② the doctor of the above hospital “Defendant B” as of October 16, 2019, presumed the disease, shock disorder, chronology, alcohol dependence, and depression; ③ the Defendant was punished by imprisonment with labor for an indecent act committed by the victim at the same hospital on March 17, 2018; and ④ the circumstances leading up to or following the instant crime committed by the Defendant using the same type of sexual therapy at the time of the instant crime.

Therefore, the defendant's above assertion is justified.

2 An order for disclosure and notification.