성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. At the time of the instant case, the Defendant was in a state of mental and physical weakness due to shock disorder.
B. The sentence of the lower court that is unfair in sentencing (ten months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the developments leading up to the instant crime, the means and method thereof, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, etc. acknowledged by the evidence duly adopted and examined by the lower court, the Defendant was in a state that the Defendant had the ability to discern things or make decisions at the time of the instant crime.
does not appear.
This part of the defendant's assertion is without merit.
B. There is no particular change in the sentencing conditions compared with the judgment of the court below on the unfair argument of sentencing, and considering the circumstances favorable to the defendant as stated by the court below, the circumstances unfavorable to the defendant, and other various sentencing conditions shown in the records and arguments of this case, the sentence of the court below is too unreasonable.
3. The defendant's appeal is dismissed on the ground that it is without merit.