성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The defendant's appeal is dismissed.
1. Summary of reasons for appeal - Mental and physical disorder and sentencing
A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to serious shock disorder.
B. The sentence of the lower court against the Defendant, which was unfair in sentencing (one year and six months of imprisonment, 40 hours of order to complete a sexual assault treatment program, 3 years of disclosure and notification, 3 years of employment restriction order), is excessively unreasonable.
2. Determination
A. 1) Determination on the assertion of mental disorder 1) At present, the Defendant shows symptoms of “sacrificing and impulse disorder of the specific sacrificing, sacratic disorder of the specific sacrificing, sacratic disorder of the specific sacrife, sacratic sacrinson’s sacrife, and other sacrife sacrinson’s sacrife, sacratic disorder, etc.” at the time of the instant crime.
2) However, in light of the Defendant’s act before and after the instant crime, the Defendant was physically and mentally deprived or physically weak at the time of the instant crime, when comprehensively taking into account the Defendant’s act, the place of the commission of the commission, the commission of the indecent act, the degree of the commission of the act,
It is difficult to see it.
B. As to the wrongful assertion of sentencing, the Defendant had a record of having been sentenced to imprisonment with prison labor for one year and two months for the same crime, and the instant crime was committed during the period of repeated crime.
In addition, in light of the location, degree, etc. of one indecent act, the nature of the crime of this case is not somewhat weak.
In full view of such circumstances and other circumstances as the Defendant’s age, sex, environment, criminal records, family relations, and the circumstances after the crime, the lower court’s punishment is heavy.
It does not seem that it does not appear.
3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.