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(영문) 서울고등법원 2014.03.27 2013노3497
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) suffered depression and alcohol ozones at the time of the occurrence of the instant crime. The Defendant committed the instant crime under the state of having a lack of capacity to discern things or make decisions. The Defendant committed the instant crime under the state of having a lack of capacity to discern things or make decisions.

B. The sentence imposed by the lower court on the Defendant (eight years of imprisonment, etc.) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court as to the Defendant’s assertion of mental and physical disorder and the inquiry inquiry about the female prison of this court, the fact that the Defendant was in a drinking condition at the time of committing the instant crime, and the fact that the Defendant was in a female prison’s mental and physical disorder from August 1, 2013 to February 27, 2014 should be recognized.

However, it is difficult to find out whether the Defendant suffered from severe depression and alcohol alcohol at the time of the instant crime, merely because the aforementioned fact-finding reply merely pertains to an inorganic WIG disorder and adaptation disorder, etc.

On the day of the instant crime, the Defendant stated that “The Defendant did not drink alcohol at the time and did not seem to have been under the influence of alcohol to the extent that personnel inequality was not possible, considering that he did not have a large amount of drinking at the time at the time.” (Evidence Records 165 pages, Investigation Report (Counter-Investigation of Witnesses)). The Defendant intruded the victim’s residence on the third floor of the building following the instant crime. When the Defendant fing and drinking alcohol on the day before the instant crime, he was fluored with the black fluor on the half-purts [39 pages of evidence, and the CCTV installed on the passage of the Defendant prior to the instant crime” (the CCTV installed on the passage of the Defendant).

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