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(영문) 서울남부지방법원 2015.06.25 2015노140
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was drunk and was in a state of mental disability.

B. The sentence imposed by the lower court on the Defendant (a fine of four million won) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the background of the instant crime and the Defendant’s behavior or attitude before and after the instant crime, which is acknowledged by the lower court and the evidence duly examined by the trial court, as to the assertion of mental disorder, the fact that the Defendant was the principal offender at the time of the instant crime is recognized, but it appears that the Defendant had weak ability to discern things or make decisions by drinking. Therefore, the above assertion of the mental and physical disability of the Defendant and the defense counsel is without merit.

B. Examining the instant judgment on the assertion of unfair sentencing and the reasons for sentencing on the judgment of the court below, compared with the sentencing conditions indicated in the instant case’s records and arguments, the lower court’s sentence is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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