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(영문) 서울고등법원 2013.07.05 2013노1501

강제추행치상

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The disclosure information of the accused shall be for three years.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged mental illness was under the influence of alcohol at the time of the instant crime, and the lower court did not recognize it.

B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence at the time of the judgment of the court below as to the argument of mental retardation: ① the defendant entered a singing building, namely, the building in which he had been singing; ② the defendant moved to a toilet for the first floor of the building; ② the victim asked where he is the defendant; ② the victim asked where he is the defendant; ② the victim asked the phone number of the victim; ③ the victim asked for questions about telephone number of the victim; ③ the victim’s residence was 8 pages of the investigation record; ③ the defendant took the victim out of the toilet; ③ the victim was the victim’s singing, 6 times of the crime, etc.; ② the defendant stated that he was 10 times of the investigation record and the victim’s memory; ② the defendant was 10 times of his memory at the scene of the crime (such as memory; ④ the defendant was 10 times of his memory at the scene of his sing act; and ④ the defendant made a statement that he had an indecent act on his chest at the scene of the crime.