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(영문) 부산고등법원 2018.06.20 2018노223
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case of the defendant, and regarding the case of the case of the case of the attachment order, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., the part of the case of the attachment order claim as the defendant appealed only to that effect, and thus, the court below excluded the part of the case from the scope of the judgment of this court.

2. Summary of reasons for appeal;

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court (two years of imprisonment, 80 hours of order to complete the course) is too unreasonable.

3. Determination

A. As to the assertion of mental and physical weakness, although the Defendant appears to have drankly drinking at the time of committing the instant crime, considering the motive, background and content of the instant crime, the method by which the instant crime was committed, and the circumstances before and after the instant crime, the Defendant had weak ability to discern things or make decisions.

It is difficult to see, and there are no other materials to recognize it.

Defendant’s assertion is without merit.

B. As to the unfair argument of sentencing, the sentencing guidelines established by the Sentencing Committee on the basis of Articles 81-2 and 81-6 of the Act on the Organization of Courts (hereinafter “Sentencing Criteria”) shall be “reasonable, concrete, and objective setting” through the “procedures prescribed by the Act” in order to realize the “fair and objective sentencing that the people trust” and “public disclosure”. Judges shall respect the selection of the type of punishment and the determination of the sentence (see Articles 81-2 through 81-12 of the Court Organization Act). In a case where the reasons for sentencing are to be stated in the written judgment as a result of a judgment that deviates from the sentencing criteria, the court shall consider the significance, effect, etc. of the sentencing criteria.

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