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(영문) 대구고등법원 2013.05.22 2013노16
성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Despite the fact that the Defendant was under the influence of alcohol at the time of the instant crime, and was in a state of mental disability, the lower court erred by misapprehending this.

B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant found the restaurant operated by the victim at the time when the crime of this case was committed, and used the victim to drive the vehicle to his domicile where the old path is living, but waits for about three hours at his destination, and her flings with the victim. In light of the circumstances such as the circumstance of the crime of this case, such as the process that the defendant was living after the victim escaped from the toilet, the behavior of the defendant before and after the crime of this case, and the degree of statement at the investigation agency according to the defendant's memory, etc., it cannot be deemed that the defendant was under the influence of alcohol at the time of the crime of this case, and thus, the defendant's assertion in this part is without merit.

B. Although there are circumstances such as the fact that the defendant reflects and repents on the unfair sentencing, the defendant's drinking at the victim's restaurant, and the defendant committed a contingent crime, the defendant used a lethal weapon and used the victim's knife to drive the vehicle by threateninging the victim, and caused the victim's physical and mental pain during the process of inducing indecent act by force, and creating uneasiness, the victim has been suffering from extreme physical and mental pain, and the victim is still under uneasy by experiencing extreme fear of extreme fear, and the defendant has been sentenced to imprisonment with prison labor for the past 17 years.

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