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(영문) 대구고등법원 2016.09.22 2016노384
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case against which the defendant was found guilty and the part of the case for which the request for attachment order was filed, and there is no benefit of appeal regarding the part for which the request for attachment order was filed.

Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part of the case of

2. Summary of grounds for appeal;

A. The Defendant was physically and mentally weak at the time of committing the crime due to alcohol addiction, etc.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

3. Determination

A. As to the assertion of mental and physical weakness, the Defendant made a statement at an investigative agency to recognize that he was under the influence of alcohol at the time when he committed the crime against the victim F, but the said victim was not a person to make a false statement. However, in light of the circumstance, process, means and method of the crime known in the contents of the above victim’s statement, and the Defendant’s behavior before and after the crime, it seems that the Defendant had a normal ability to control

In addition, the defendant, while denying the crime against the victim E and G in an investigative agency, has made a specific statement about the relationship with the victim, the situation before and after the crime, etc., as well as the details and process of the crime, the means and method, and the behavior of the defendant before and after the crime, etc., which can be known in the statement between the defendant and the victim, seems to have a normal ability to control the defendant'

Therefore, the defendant has the ability to discern things or make decisions due to drinking at the time of the crime of this case.

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