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(영문) 서울서부지방법원 2013.08.23 2013노317
준강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Mental disability: The Defendant was in a state of mental disability such as mental fissiona at the time of committing the instant crime.

B. Unreasonable sentencing: The sentence of the lower court (one year of imprisonment) is too heavy.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the trial court on the claim of mental disability: ① the Defendant was hospitalized at a university or college in 194, where he was unable to receive treatment for about two months with mental fission certificate, but was not completely cured; ② the Defendant was admitted to a G university with mental fission certificate as above and was periodically exempted from military service, but entered the university, but he was periodically discharged from military service; ② the Defendant appeared to have been unable to perform incidental behavior that does not fit the circumstances, such as “it shall lead our mind,” or “the building of the school shall be too wide,” and the Defendant appears to have been unable to receive treatment for the Defendant’s mental distress during 2007, by taking account of the following circumstances: (i) the Defendant was released from the university and became a member of the H in 201; (ii) the Defendant appeared to have been unable to receive treatment for his mental disorder during which he was unable to receive treatment for 20 years, and (iii) the Defendant appears to have been unable to receive treatment due to mental distress during the period of 20 years.

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