아동ㆍ청소년의성보호에관한법률위반(강제추행)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In order to pass a narrow path because the victim did not turn on the way, the Defendant did not constitute an indecent act, but did not constitute an indecent act, and there was no intention to do so.
B. The Defendant had no or weak ability to discern things or make decisions under the influence of alcohol at the time of committing a crime interfering with business.
(c)
The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.
2. Determination:
A. In the lower court’s assertion of misunderstanding of facts and misapprehension of legal doctrine, the Defendant alleged the same as the grounds for appeal, and the lower court rejected the Defendant’s above assertion. Examining the judgment of the lower court in comparison with records, the lower court’s judgment is just and acceptable, and there was an error of misunderstanding of facts and misunderstanding of legal doctrine
Therefore, the defendant's above assertion is without merit.
B. The Defendant, who claimed mental and physical disorder, was aware of drinking alcohol at the time of committing a crime interfering with the pertinent business, but in light of the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant was under the influence of alcohol and had no or weak ability to discern things at the time of committing the crime.
Therefore, the defendant's above assertion is without merit.
(c)
In a case where there is no change in the conditions of sentencing compared to the first instance court’s unfair argument for sentencing, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing, determined the sentence according to the majority opinions of the jurors participating in the trial, after considering all the circumstances favorable to the Defendant and unfavorable circumstances.