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(영문) 광주고등법원 (전주) 2014.10.14 2014노167

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) had a mental and physical disorder under the influence of alcohol at the time of the instant crime. 2) The lower court’s sentence of unreasonable sentencing (fine 30,000,000) is too unreasonable and unfair.

B. Prosecutor 1) The lower court’s sentence of unreasonable sentencing is too unhued and unreasonable.

B) Although there are no special circumstances to prevent disclosure or notification of the Defendant’s personal information, it is inappropriate for the lower court to impose an order to disclose or notify the Defendant’s personal information, and otherwise, it is unreasonable for the lower court to impose an order to disclose or notify the Defendant’s personal information.

2. Determination on the part of the defendant's case

A. 1) On the Defendant’s mental and physical assertion, the lower court determined that the record reveals that the Defendant had drinking alcohol at the time of the instant crime, but did not seem to have reached a state where the Defendant lacks the ability to discern things or make decisions. 2) Examining the evidence duly adopted and examined by the lower court in comparison with the record, the lower court’s determination was consistent with the following: (a) in light of the following circumstances: (b) the process and process of the instant crime; (c) the method and method of the crime; (d) the act before and after the instant crime; (e) the degree and content of the statement to the investigation agency; and (e) the Defendant lost the ability

It does not seem that the ability has been in a weak state.

In addition, Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes need not apply to cases where sexual crimes are committed in the state of mental disorder caused by drinking or drugs.