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(영문) 대구지방법원 2016.01.08 2015노4481
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The sentence sentenced by the lower court (6 months of imprisonment and 40 hours of an order to attend a course) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder in this case, even though the defendant was in a drunken state at the time of each of the crimes in this case, considering such circumstances, considering the circumstances, the defendant's attitude and behavior before and after each of the crimes in this case does not seem to have reached a state where the defendant was unable to discern things or make decisions at the time of each of the crimes in this case, and thus, the defendant's mental and physical disorder argument cannot be accepted.

B. Regarding the unfair argument of sentencing, there are circumstances favorable to the defendant, such as the following: (a) the defendant recognized the facts charged in this case; (b) the defendant wanted to punish the defendant by agreement with some victims; (c) the indecent act was attempted; (d) the degree of injury was not much severe; and (e) there were old parents and family members who support the defendant. Meanwhile, the defendant's crime of obstructing the performance of official duties in this case requires strict punishment as a crime detrimental to the State's function by nullifying legitimate exercise of public authority; (c) the defendant can have the same criminal record due to interference with the performance of official duties, interference with duties, and injury; (d) the criminal record due to the obstruction of the performance of official duties; (e) the crime of damaging the goods damaged by the obstruction of the performance of official duties; and (e) the probation period due to the obstruction of the performance of official duties; and (e) the criminal record due to the obstruction of the performance of official duties was reached in each of the crimes in this case; and (e) the defendant's age, sexual behavior;

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