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(영문) 대전고등법원 2016.04.08 2015노660
강제추행
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for one year.

. Information on the Defendant.

Reasons

1. Summary of grounds for appeal;

A. The part of the case against the Defendant (i) and the Defendant (hereinafter “Defendant”) are deemed to have committed the crime at the time of committing the crime, and due to mental illness, and thus, they were physically and mentally weak.

The argument is asserted.

The sentence of the court below (one year of imprisonment) which was sentenced to the dial sentencing is too heavy.

B. The location tracking device for the part of the case of the attachment order is unfair.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

When the prosecutor is in a trial, the prosecutor applied for the amendment of the indictment to the effect that “the defendant is changed to 22:00 on the same day” “The defendant is changed to 21:53 on the same day,” and this court was changed to the subject of the trial.

Therefore, the judgment of the court below is no longer maintained.

However, despite the above reasons for reversal ex officio, the defendant's argument of mental and physical weakness still has its meaning, and this is examined.

3. According to the evidence duly admitted and examined by the court below as to the part on the defendant's case (the defendant's mental and physical weakness argument), it can be acknowledged that the defendant had drinking alcohol at the time of committing each of the crimes in this case and had a certificate of arrival.

However, in full view of the record of notification of the result of mental appraisal, the Defendant’s situation at the time of each of the instant crimes as indicated in the argument of the instant case, including the background of the crime, the process and method of the crime, the attitude of the Defendant’s statement in the investigative agency, etc., and the circumstance of the Defendant before and after the instant crimes, such circumstance alone alone

It is not visible.

Therefore, the defendant's above assertion is without merit.

4. The lower court’s judgment on the part of the attachment order case was based on the evidence established in its judgment and found the Defendant guilty of sexual assault crime.

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