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(영문) 광주고등법원 2016.12.01 2016노275

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant case ① and the person subject to a request to attach an attachment order (hereinafter “Defendant”) showed symptoms of depression, depression, and alcohol addiction. At the time of the instant case, the Defendant had weak ability or decision-making ability to distinguish a large amount of alcohol at the time of the instant case, and ② The lower court’s punishment against the Defendant (one year of imprisonment, three years of disclosure and notification order) is too unreasonable.

The Defendant, as a reason for appeal, raised a mistake of facts to the effect that “it is not clear whether or not he committed the instant crime,” and withdrawn it on the third trial date of the trial of the party.

B. The Defendant in the case of the attachment order had been engaged in his occupation in good faith after the completion of the sentence due to the previous crime, and the relationship between his family members is maintained in good faith, and the content of the instant crime is minor, and thus, the Defendant cannot be deemed to pose a risk of repeating the crime.

2. Determination of the accused case

A. According to the records on the determination of the claim of mental retardation, the defendant can be found to have suffered from alcohol addiction symptoms, depression disorder, sulfur disorder, etc. caused by habitual drinking, and the fact that the defendant was suffering from considerable amounts of alcohol at the time of the instant case.

However, in light of the motive and developments leading up to the instant crime, the means and method of the instant crime, and the circumstances before and after the instant crime, it is difficult to view that the Defendant had the weak ability to discern things or make decisions at the time of the instant crime, and thus, this part of the Defendant’s assertion is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing is to make a confession of crime and repent of mistake, the type of force or indecent act exercised, the degree of relatively minor, the victim’s emotional symptoms and drinking, and so on.