(영문) 부산고등법원 (창원) 2019.01.09 2018노240

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 (창원) 2019.01.09 2018노240

준강제추행

Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. Defendant case 1) The Defendant and the person against whom the attachment order was requested are referred to as the “Defendant”. The Defendant was in the state of mental disorder or mental disability under the influence of alcohol at the time of the instant case. 2) The sentence (one year and six months of imprisonment, etc.) sentenced by the lower court against the Defendant is too unreasonable.

B. It is unreasonable for the lower court to order the attachment of an electronic tracking device to the effect that the Defendant does not constitute “where he/she commits a sexual crime on at least two occasions” and does not pose a risk of recidivism of sexual assault.

2. Determination

A. As to the Defendant’s case 1), in full view of the following factors: (a) the process and method of the instant crime, the Defendant’s act before and after the instant crime, and the Defendant’s statement made by an investigative agency, which are acknowledged by the evidence duly adopted and investigated by the lower court; (b) the lower court conducted a mental appraisal of the Defendant at the lower court; and (c) the result of appraisal that “the Defendant had the ability to distinguish things and make decisions at the time of the instant crime, although alcohol exists,” it cannot be deemed that the Defendant was in a state of loss or lack of the ability to distinguish things or make decisions by under the influence of alcohol at the time of the instant crime. This part of the Defendant’s assertion is not acceptable.

Unfavorable circumstances - The defendant committed an indecent act against the victims during soup.

One of the victims was a young juvenile of 13 years of age.

The nature of the defendant is bad.

- The Defendant was subject to criminal punishment several times due to the commission of indecent acts, etc. at a public gathering place, and committed the instant crime without being aware of the fact that he was in the period of repeated crime due to the same kind of crime.

- The Defendant.

유사 판례

-서울고등법원 2012.11.23 2012노2858

-대전고등법원 (청주) 2013.11.07 2013노130

-대구고등법원 2015.07.23 2014노744

-대구고등법원 2015.08.20 2015노56

-부산고등법원 2019.06.19 2019노166