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(영문) 부산고등법원 (창원) 2017.02.15 2017노1
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Inasmuch as the Defendant, at the time of committing the instant crime, was physically and mentally deprived of the mental and physical disability due to the Cho Jae-in’s illness, punishment ought to

B. The sentence sentenced by the court below to the defendant (one year and six months of imprisonment, 80 hours of order to complete the course, 2 years of order to disclose and notify) is too unreasonable.

2. As to the claim for mental or physical loss as stipulated in Article 10 of the Criminal Act requires that mental disorder, such as mental illness or abnormal mental condition, is lacking in the ability to discern things or control actions accordingly due to such mental disorder. Thus, even if a person with mental disability is a person with physical disability, if he/she has weak mental or physical disability at the time of committing the crime, he/she cannot be deemed a loss of mental or physical disability (see, e.g., Supreme Court Decision 92Do1425, Aug. 18, 1992). According to the evidence duly adopted and investigated by the court below and the trial court, it can be acknowledged that the defendant suffered from her early illness at the time of committing each of the crimes in this case.

However, each of the following circumstances recognized by the above evidence, namely, the notice of the result of the mental appraisal in the preparation of the medical care and custody center, is deemed to be a patient with mental symptoms, such as emotional unstable and inappropriate emotional instability, dynamic accidents, overarched circumstances, anti-decrisoned circumstances, surveillance network, refund, social pressure, schilling, unconceptic accidents, reality judgment, decline in the pathology, etc., and at the time of the crime of this case, it is presumed that at the time of the crime of this case, the mental symptoms similar to the present mental state have been presumed to have been in a weak condition, i.e., the decline and decision-making ability have been deteriorated.

“The fact that the Defendant is indicated as “(480 pages of trial record).” The Defendant is aware that the Defendant is an erroneous behavior at the time of committing each of the instant crimes, as well as the motive for committing each of the instant crimes, the situation before and after the commission of the crime, and the method of committing the crime.

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