성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant had a mental disorder at the time of committing the crime.
B. The sentence of the lower court (two years and six months of imprisonment and three years of suspended execution) against an unfair defendant in sentencing is too unreasonable.
2. Determination
A. As to the assertion of mental disorder, on April 11, 2018, the defense counsel asserted mental disorder on the ground of the instant appeal on the first trial date at this Court’s trial date.
However, according to the records, it is recognized that ① a petition of appeal submitted by the defendant to the lower court on October 25, 2017 contains no indication of grounds for appeal; ② a notice of receipt of records of trial issued by this court was served on the defense counsel on November 13, 2017; ③ the defense counsel on December 6, 2017; and ③ the defense counsel on December 1, 2017, submitted a statement of grounds for appeal to this court and asserted only the wrongful determination on the grounds of appeal.
With respect to the grounds for ex officio investigation, the court of appeals shall judge without any need to examine whether the grounds for appeal are submitted if the appeal is lawful, or whether the grounds for appeal are included in the statement of reasons for appeal. However, with respect to those other than the grounds for ex officio investigation, it shall be limited to cases where it is included in the petition of appeal or in the statement of reasons for appeal submitted within the prescribed period, unless it is stated in the petition of appeal or otherwise, and it may be subject to a trial: Provided, That
Meanwhile, even if the defendant or defense counsel states matters not included in the reason for appeal in the appellate court, there is reason for appeal as alleged in the statement in the appellate court.
Nor can it be viewed (Supreme Court Decision 98Do1234 delivered on September 22, 1998). Therefore, the defense of the counsel's mental or physical disorder cannot be viewed as legitimate grounds for appeal, and even if ex officio is examined, the statement of a certificate of medical records bound in the records alone was in a state of mental or physical disorder at the time of committing
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