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(영문) 서울고등법원 2014.04.10 2014노463
강제추행등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person subject to a request for attachment order (1) The Defendant and the person subject to a request for attachment order (hereinafter only referred to as “Defendant”) did not reduce the level of mental disability, even though they had no or weak ability to discern things or make decisions due to mental disorders at the time of each of the instant crimes.

(2) The sentence imposed by the lower court on the Defendant (one year of imprisonment and three years of suspended execution, etc.) is too unreasonable.

(3) It is improper for the court below to impose an attachment order on the defendant who was improper to attach an attachment order without risk of recidivism.

B. The prosecutor (1) the sentence imposed by the court below on the defendant is too uneasible and unfair.

(2) The period of the attachment order (three years) imposed by the court below on the defendant who committed the improper period of the attachment order is too short and unfair.

2. Determination

A. (1) In full view of the evidence duly admitted and examined by the court below as to the part of the defendant's case, it is recognized that the defendant suffered from a disease of stimulative disorder, but in full view of the circumstances such as the background and result of the case, the defendant's behavior before and after the crime, and the circumstances after the crime, it is not recognized that the defendant has a weak ability to discern things or make decisions at the time of each of the crimes in this case.

Therefore, the defendant's above assertion is without merit.

(2) As to the assertion of unreasonable sentencing by the Defendant and the prosecutor, each of the crimes in this case is not against the nature of the crime in light of its content.

However, there is no record of criminal punishment of a fine or heavier prior to the instant crime, and all of the instant crimes were led to confessions, the degree of indecent act is not serious, among victims, the fact that the Defendant did not want the punishment of the Defendant under an agreement with D, F, and H is considered as favorable to the Defendant.

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