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(영문) 전주지방법원 2017.02.16 2016노1485

강제추행등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault against the defendant for forty hours.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment, 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. A prosecutor ex officio conducted the judgment of the court below as follows: (a) the name of the indictment No. 718 of 2016 at night is "the theft, theft, intrusion into residence, intrusion into building, damage to property"; (b) the applicable legal provision is "Articles 330, 329, 366, 319 (1), 35, 37, and 38 of the Criminal Act"; (c) the facts charged are as stated in the judgment of the court below in the following judgment; (d) the crime of larceny and the indictment No. 2016 at bar 989 of this case was modified as stated in the judgment of the court below; (e) the name of the crime of larceny and fraud; and (e) the applicable legal provision was amended as "special larceny; and (e) the remainder of the charges subject to amendment to indictment" under Article 331 (1) and Article 330 of the Criminal Act; and (e) the application for permission was amended as stated in the judgment of the court below."

However, despite the above reasons for reversal of authority, the defendant's assertion of mental disorder is still subject to the judgment of this court, and this is examined.

3. In light of the background leading up to the instant crime, the means and method of the crime, and the circumstances after the crime, etc., recognized by the lower court, based on the evidence duly adopted and examined by the lower court, it cannot be deemed that the Defendant, under the influence of alcohol, did not have the ability or decision-making ability to discern things at the time of the instant crime.