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(영문) 서울고등법원 2016.07.19 2016노1383

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)

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The defendant's appeal is dismissed.

Reasons

At the time of committing the instant crime with mental and physical disorder, the Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol.

The punishment sentenced by the court below to the defendant (seven years of imprisonment) is too unreasonable.

Judgment

As to the statement of victims including the crime of this case in the prosecutor's office, the defendant's judgment on the argument of mental disorder is consistent with the victim's statement about the victim's various damage including the crime of this case, because he dices with his wife almost every day, and film has been frequently cut, his memory is well known, but if the victim so speaks, it is appropriate.

The facts revealed to the effect that “the Defendant was under the influence of alcohol at the time of committing the instant crime, but there was no objective evidence to know whether the Defendant was under the influence of alcohol at the time of committing the instant crime, and thus, the said statement alone did not change things or have no ability to make decisions under the influence of alcohol.

It is difficult to recognize it.

Therefore, the defendant's mental disorder is without merit.

The fact that the defendant recognized the crime of this case and divided the wrong facts, and the defendant tried to commit the crime of this case on August 26, 2015, which was after the crime of this case, and had been hospitalized in the hospital for about three months due to the following reasons: (a) the defendant committed the crime of this case; and (b) the defendant attempted to commit the suicide on August 26, 2015; and (c) the defendant had no record of criminal punishment.

On April 26, 2016, the summary of the oral argument submitted by the defendant at the lower court was accompanied by a written application (60 pages of the trial record) filed by the victim to the effect that "the liquor tax should be punished for the defendant." However, at the time, the defendant was living together with the victim's mother and the victim, and the mother of the victim's statement about the victim's damage during the investigation process changed the blue of the victim's statement.