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(영문) 청주지방법원 2014.05.30 2014노243

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant crime, was drunk and was in a state of mental disability.

B. The lower court’s imprisonment (ten months of imprisonment) on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. In light of the motive and background of the instant crime, the process of the crime, the Defendant’s speech and behavior immediately after the crime, the amount of drinking alcohol, etc., acknowledged by the evidence duly admitted and investigated by the lower court, and the Defendant is acknowledged to have provided a certain extent of drinking at the time of the instant crime. However, in light of the following: (a) the Defendant entered a restaurant where the victim C works in an investigative agency; (b) the process in which the Defendant got the victim C into the restaurant; and (c) the process in which the victim C’s chest and the cafeteria were loaded at the restaurant where the victim D operation was operated; and (d) the Defendant stated in the detention room where the victim I was chered (the investigation record 1 rights 74-76, 109; (c) two rights 38 of the investigation record) and thus, it cannot be deemed that there was a lack of ability to distinguish things at the time of the crime.

B. As to the assertion on unfair sentencing, the Defendant’s recognition of each of the instant crimes and against himself, and the fact that the said victims seek a preference against the Defendant by agreement between the victim C, D and the lower court, etc. are favorable to the Defendant.

However, there are many records of criminal punishment for the same crime, and in particular, even if the two-year punishment of imprisonment was terminated on October 28, 201 due to the violation of the Punishment of Violences, etc. Act (a collective deadly weapons, etc.), each of the crimes in this case was committed during the period of repeated crime. The crime of indecent act by compulsion in this case is not good for the criminal defendant to commit indecent act by compulsion against the victim C, who was a part of a restaurant without any particular reason, and was detained as the crime of indecent act by compulsion in this case, and it was still long after release.