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(영문) 서울고등법원 2013.05.09 2013노726

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts: (a) The defendant does not put his hand into the victim’s panty as stated in paragraph (1) of the judgment of the court below; (b) the defendant did not have a her hand into the victim’s panty as stated in paragraph (1) of the judgment of the court below; and (c) the defendant did not have an intention to commit an indecent act despite his her her son and her son, and there is no her hand in the sound part of the victim’s large son’s son as stated in paragraph (2) of the judgment of the court below; and (c) there is only a panty part

(a) through (c);

There is no fact that her son or her son or son or son of the victim's small woman as stated in the paragraph, and ④ No. 3-D of the decision of the court below.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts, since the chest was slick by putting the finger in the clothes of the great couple who is the victim, or the panty was her panty by her kum.

B. The Defendant was in a state of mental disorder or mental disorder due to alcohol addiction and cerebral 5 disability at the time of each of the instant crimes.

C. The sentence imposed by the lower court on the Defendant (seven years of imprisonment) is too unreasonable.

2. Determination

A. As to the Defendant’s part of the instant case, the Defendant asserted the same purport as the grounds for appeal in this part of this part, and the lower court rejected the above assertion in detail by providing a detailed statement on the judgment. According to the evidence duly admitted and examined by the lower court, the lower court’s judgment is justifiable and it does not seem to have any error of misunderstanding of facts. Therefore, this part of the Defendant

With respect to the claim of mental disorder or mental disorder, the mental disorder as stipulated in Article 10 of the Criminal Code is a biological element, and there is a mental disorder such as mental disorder or abnormal mental condition as a psychological element, and the ability to distinguish the object from the mental disorder is different.

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