아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
1. Summary of grounds for appeal;
A. As to the sex offense part of the instant crime, the Defendant and the respondent for attachment order (hereinafter “Defendant”) committed the instant crime under a state of mental disability with significantly lacking judgment to the extent that they can not be divided into body in excess of the ordinary level of alcohol on the day of the instant case.
B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment and seven million won of fine) is too unreasonable.
2. Determination:
A. According to the evidence duly adopted and examined by the court below, it is recognized that the defendant was under a state of drinking alcohol treatment at the time when the defendant committed the crime of this case. However, in light of the following circumstances: the defendant's act was well known at the time of the crime of this case; and the motive, process, means, and method of the crime of this case recognized by the above evidence; and circumstances before and after the crime of this case, it is not determined that the defendant did not lack the ability to discern things or make decisions due to alcohol alcohol existence at the time of the crime of this case. This part of the defendant's assertion on unreasonable sentencing cannot be accepted. However, each of the crime of this case against the victim of this case is about the age of 15 to 16, and 35 of victims of sexual traffic accident, the defendant's act of this case was committed against the victim of sexual traffic, and the victim of this case's age of 15 to 16.5 years of age and 5 years of age.