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(영문) 서울고등법원 2012.12.06 2012노3012

아동ㆍ청소년의성보호에관한법률위반(강간등)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing each of the instant crimes, the Defendant was in a state of mental disorder or mental disability beyond the mental retardation or mental retardation at the time of committing the instant crimes.

B. The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background and process leading up to each of the crimes of this case, the means and method of committing the crime, and the circumstances after committing the crime, etc., the Defendant did not have the ability to discern or decide things above the mental body and mind at the time of each of the crimes of this case.

Since it seems that the defendant was in a state or weak condition, the defendant's assertion of mental disorder is without merit.

B. Considering the circumstances, such as the fact that the defendant recognized the crime of this case as the disabled in the second degree of disability and divided, etc. However, the crime of this case was committed by the defendant two times a month through a soup, etc., and the nature of the crime is not less strict. The several methods of each of the above crimes are the same, and even though the defendant was arrested in the crime against the victim D, the same crime against the victim was repeated in a short period, even though he was released after he was arrested in the crime against the victim F, even before the crime of this case was committed on around 207, around 2007, the defendant appeared to have suffered considerable mental injury due to the victim's recidivism, such as the fact that the defendant was detained by the crime of indecent act by force against three women including the juvenile in the same manner as this case, and was sentenced to a fine of five million won after being tried, and the victim was sentenced to severe mental injury due to the crime of this case.