beta
(영문) 서울고등법원 2015.06.16 2015노1028

준강제추행등

Text

The defendant's appeal is dismissed.

Reasons

The lower court rendered a judgment that dismissed the prosecutor’s request regarding the part on the Defendant’s case and the part on the case on which the attachment order was requested.

Notwithstanding the provisions of Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no benefit in appeal as to the part of the request for attachment order as the defendant appealed only, this part shall be excluded from the scope of the trial of this Court.

Summary of Grounds for Appeal

A mentally ill-minded defendant was in a state of mental disability by mashing carbon immunity at the time of committing the instant assault and quasi-indecent act.

The sentence of imprisonment (one year and six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

In light of the following circumstances, which can be acknowledged by the evidence duly admitted and investigated by the court below as to the claim for mental disability, namely, at the time of the crime of assault in this case, it is difficult to view that the defendant was in a state of drinking alcohol at the time of the crime of assault in this case, and even if the defendant was in a state of drinking alcohol, such as the defendant's statement, the circumstances, means and methods of the crime of quasi-indecent act, and the defendant's behavior before and after the crime of quasi-indecent act in this case, it is difficult to view that the defendant was in a state of mental disability at the time of the crime of assault in this case and indecent act in light of the following facts:

Therefore, the defendant's argument of mental disability is without merit.

The defendant's recognition of each of the crimes in this case, and the fact that his mistake is divided is the circumstances to consider the defendant.

However, in light of the methods, attitudes, results, etc. of each of the crimes in this case, the nature of the crimes is very high.