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(영문) 광주고등법원 2014.08.14 2014노126
강제추행치상등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The symptoms of sexual impulse disorder caused by the proof of alcohol occurring at the time when the crime was committed against the Defendant 1, 3, or 4 as indicated in the judgment below was committed, and the Defendant and the respondent for the attachment order (hereinafter “Defendant”) were in a state that they lack the ability to discern things or make decisions.

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

2. Determination

A. As to the claim of mental disability, the defendant also asserted the same as the grounds for appeal in this part, and the court below rejected the above claim under the title "as to the defendant's and his defense counsel's argument" in the judgment of the court below, and it is just to accept the judgment of the court below by comparing the above judgment of the court below with the evidence duly adopted and examined.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion on unreasonable sentencing, the Defendant made a confession and reflect on all of the instant crimes, agreed with the victims of the injury by indecent act, indecent act by compulsion, and larceny during the said crimes, and deposit some of the money (7 million won) on three occasions for the victims of rape in the first instance, and the fact that the degree of injury by the victimJ was not excessive is favorable to the Defendant.

On the other hand, the defendant was sentenced to a suspended sentence of two years and six months for special robbery at the Gwangju District Court on April 19, 200, and on October 2, 2002, at the Gwangju High Court sentenced seven years of imprisonment for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (special robbery, etc.) and the suspended sentence was revoked, and on March 17, 2011, the sentence of the suspended sentence was revoked, and even after the execution of the last sentence was completed, the defendant committed the crime in this case during the period of repeated crimes, and even if there had already been two times of punishment for sexual crimes, unspecified women.

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