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(영문) 서울고등법원 2013.06.14 2012노4375

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for three years.

disclosure information about the accused.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of this part of the charges concerning attempted larceny 1) despite the absence of the intention of larceny, is erroneous in the misapprehension of legal principles as to the intention of larceny, which affected the conclusion of the judgment. 2) In relation to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Influence, Rape, etc.), the defendant only obtained water from the victim K and obtained water, and the defendant did not commit indecent act by force by force by force against the rules of evidence, which found the defendant guilty of this part of the charges.

B. At the time of committing each of the instant crimes, the Defendant was in a state that he/she lacks the ability to discern things or make decisions due to defluorial disorder.

C. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. In the judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles, the defendant argued the same purport as the reasons for appeal in this part, and the court below rejected the above assertion in detail under the title "the judgment of the defendant and his defense counsel". In comparison with the records, the judgment of the court below is just, and it is not erroneous in the misapprehension of legal principles on the intention of larceny or in the misconception of facts against the rules of evidence, or in the misapprehension of legal principles that affected the conclusion of the judgment, as alleged by the defendant.

Therefore, this part of the defendant's argument is without merit.

B. According to the statement on the defendant of the Medical Treatment and Custody Director by a request for a mental appraisal of this court, the defendant seems to have shown mental symptoms, such as a non-conceptic accident, damage net, over-the-counter accident, over-the-counter accident, relation, disability of practical judgment, lack of pathology, etc.