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(영문) 서울서부지방법원 2017.09.21 2017노541
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the crime.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. As to the assertion of mental disorder, the Defendant was in the state of drinking at the time of committing the crime.

Even if the defendant did not have the ability to discern things or make decisions due to drinking at the time, considering the criminal history, means and methods of the crime, the behavior before and after the crime, etc.

does not appear.

Therefore, the defendant's mental disorder is not accepted.

B. There is no new circumstance to consider the sentencing after the judgment of the court below regarding the unfair argument of sentencing.

In full view of the fact that the defendant commits the crime of this case during the period of probation, the victim seems to have suffered considerable mental impulse and pain, the fact that the victim did not reach an agreement with the victim, and other various sentencing conditions that are shown in the records and arguments, such as the defendant's age, sex, environment, and background of the crime, the punishment imposed by the court below is too unreasonable.

Therefore, the defendant's improper assertion of sentencing is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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