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(영문) 서울고등법원 2013.04.12 2013노152
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The judgment of the court below which convicted the defendant on the basis of the victim's statement and his relative, although the defendant did not have committed an indecent act by mistake, is erroneous in the misapprehension of the legal principle as to mental and physical disability at the time of the crime of this case.

3. The sentence sentenced by the court below on unreasonable sentencing is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. The court below rejected the defendant's assertion in detail under the title "decision on the defendant's and his defense counsel's assertion" in the judgment of the court below, which states that the defendant's assertion of mistake is identical to the reasons for appeal of this case, and the court below rejected the above assertion in light of the detailed statement about the defendant's and his defense counsel's assertion. When comparing the above judgment of the court below with the records, the judgment of the court below is just, and there is no error of law that affected the conclusion

B. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the defendant's mental suffering claim, it is recognized that the defendant was in a drunken state at the time of the crime of this case, but considering the process and method of the crime of this case, the defendant's speech and behavior before and after the crime of this case, it is recognized that the defendant had weak ability to discern things or make decisions under the influence of alcohol, and therefore, this part of the defendant's assertion is without

C. The Defendant denies a criminal act, the victim is punished against the Defendant, and the Defendant’s age, character and behavior, occupation, environment, the process and method of the instant crime, and the circumstances before and after the instant crime, etc. are all relevant.

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