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(영문) 서울고등법원 2013.04.19 2013노295
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, who asserted mental disorder, was under the influence of alcohol at the time of the instant crime, and was in the state of mental disorder or mental disorder. 2) The Defendant’s imprisonment (one year of imprisonment) declared by the lower court on the ground of unfair sentencing is too unreasonable.

B. The sentence imposed by the lower court on the Defendant is too uneasible and unfair.

2. The following circumstances acknowledged by the evidence at the time of the lower court’s determination as to the Defendant’s mental and physical disorder: (a) the Defendant consistently breaddn the instant crime from the investigative agency to the court of the trial; and (b) in particular, at the prosecutor’s office and the court of the trial, the Defendant stated that “it would be well aware of how the Defendant left the toilet.” The Defendant was crypted in the toilet changeer, but the police was humd and humd. The Defendant was frighthed. At the time of arrest, the police was humthn. At the time of arrest. The Defendant was humthn. At the time of arrest: (a) the Defendant entered the investigative record; (b) the Defendant 82 pages, the trial statement at the trial; and (c) when the police officer was dispatched to the scene after receiving a report on 112 report, the Defendant was htytyn and humd; and (d) the Defendant was found to have been off the Defendant’s 915th and hne (the Defendant was arrested.).

In addition, the defendant's statement that he did not know that he had taken a large number of the defendants (the investigation record 56,57 pages), (4) the drinking house I also stated that he had been under the influence of alcohol (the investigation record 62 pages), and (5) the defendant is arrested, and the police station is also arrested, and locked (the investigation record 54 pages).

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