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(영문) 대전고등법원 2015.01.09 2014노506
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the Defendant’s case, the lower court’s sentencing (one year of a suspended sentence in six months of imprisonment) is too uncomfortable and unfair.

B. The lower court erred by dismissing the Defendant’s claim for medical treatment and custody, despite the risk of recommitting a crime against the Defendant and the person applying for medical treatment and custody (hereinafter “Defendant”).

2. The Defendant committed the instant crime against the part of the Defendant case: (a) the Defendant committed an indecent act by making the victim’s her her m or m or m or m or m or m or m or m or m or m or m or m or m or m or m or m or m or malm in the bus; (b) the Defendant was punished by a fine for the same kind of crime in 201; and (c) the Defendant was physically shocked by the instant crime

However, in light of the fact that the Defendant’s use of force or indecent act at the time of committing the instant crime is relatively not more severe, the Defendant committed the instant crime in a state of mental disorder due to intellectual disability of grade III with alcoholic respect, mental retardation disorder, and mental retardation disorder, the Defendant recognized the entire instant crime and divided his mistake, and other overall sentencing conditions, such as the Defendant’s age, character and behavior, environment, and circumstances after the instant crime, it cannot be deemed that the sentencing of the lower court is too unreasonable to the extent that the sentencing of the lower court is reversed.

Therefore, this part of the prosecutor's argument is without merit.

3. Examining the reasoning of the lower judgment on the part of the medical treatment and custody claim case in comparison with the records, the lower court’s determination dismissing the prosecutor’s request for medical treatment and custody

Therefore, this part of the prosecutor's appeal is without merit.

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 51 of the Medical Treatment and Custody Act and Article 364 (4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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