(영문) 부산고등법원 2017.03.16 2016노831 | 리걸엔진

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(영문) 부산고등법원 2017.03.16 2016노831

준강제추행

Text

Defendant

In addition, the appeal by the requester for the order to observe the protection is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the claimant for the order to observe the protective order (hereinafter referred to as the “Defendant”) had taken drugs for the purpose of treatment, such as usual depression, etc., but the Defendant was in a state of mental and physical disorder at the time of the instant crime due to drinking, immediately before the instant crime was committed.

B. The sentence sentenced by the court below to the defendant (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following facts: (a) the Defendant’s assertion of mental disorder in the instant crime committed by the evidence duly adopted and examined by the lower court; (b) the Defendant’s act before and after the instant crime; and (c) the Defendant’s statement in the investigative agency on the victim; and (d) the Defendant had no or weak ability to discern things or make decisions due to the treatment, taking advantage of the therapy, drinking, etc. as alleged by the Defendant at the time of the instant crime.

It does not seem that it does not appear.

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

2) As to the wrongful assertion of sentencing, the Defendant consistently led the instant crime from the investigative agency to the trial court of the first instance, and is in profoundly against his mistake while making a confession of the instant crime.

Although there are no circumstances such as statements being made, the crime of this case committed by the defendant is committed in the same manner as the judgment of the court below, and the crime of this case committed by the defendant is committed repeatedly during the period of repeated crimes despite the fact that the defendant had been sentenced to five years of imprisonment due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) in Busan District Court on March 29, 201, despite the fact that the defendant had been committed repeatedly during the period of repeated crimes, and that the defendant committed the crime of this case of this case of the same kind again during the period of repeated crimes.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

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