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(영문) 대전고등법원 2012.11.02 2012노322
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. In relation to the facts charged by an indecent act by mistake of facts, the Defendant was under the influence of alcohol to contact the victim’s bridge, and there was no intention of indecent act by compulsion.

B. At the time of committing the crime of quasi-indecent act by compulsion of mental illness, the Defendant was under the influence of alcohol.

C. The lower court’s sentencing (one hundred months of imprisonment) is too unreasonable.

2. The court below rejected the above assertion in detail by stating the defendant's assertion and its decision in detail under the title "the judgment on the defendant's and his defense counsel's assertion" in the judgment of the court below, on the grounds that the defendant's assertion of mistake is identical to the grounds for appeal in this part. If we compare the above judgment of the court below with the records, the judgment of the court below is just, and there

The defendant's assertion of mistake is without merit.

3. In light of the motive and background of the instant quasi-indecent act by compulsion, the process of the crime, and the Defendant’s speech and behavior immediately after the crime, which is acknowledged by the record of judgment on the assertion of mental retardation, it is not deemed that the Defendant had weak ability to discern things or make decisions under the influence of alcohol at the time of the crime.

The defendant's claim of mental disability is without merit.

4. Judgment on the assertion of unfair sentencing

A. There are extenuating circumstances, such as the fact that the Defendant was not the previous 25 years of age, and the degree of exercising the tangible force is not relatively much serious, and the fact that the Defendant recognizes the crime as a substitute and repents the mistakes.

B. Meanwhile, in light of the fact that the Defendant was under the sentence, committed a repeated crime during the period of repeated crime, and all victims were punished against the Defendant, and all of the sentencing conditions stated in the instant pleadings, including the family relation, living environment, the process and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is more severe.

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