(영문) 서울고등법원 2018.05.04 2018노579 | 리걸엔진

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(영문) 서울고등법원 2018.05.04 2018노579

강제추행등

Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the instant case: (a) the Defendant and the person requesting an attachment order (hereinafter “Defendant”) at the time of each of the instant offenses were unable to discern drinking water from drinking water or make decisions under the state of suffering from mental illness, such as alcohol use disorder, shock disorder, etc. at the time of each of the instant offenses.

2) The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

3) It is unreasonable for the lower court to order the Defendant to disclose and notify personal information for a period of five years.

B. A part of the case for which an attachment order is requested is likely to recommit a sexual crime

Even though it is difficult to see difficulties, it is unfair that the court below ordered the defendant to attach an electronic tracking device for five years.

2. Determination on the defendant's case

A. According to the evidence duly admitted and examined by the lower court as to the assertion of mental disorder, the Defendant was deemed to have received treatment of mental illness, such as drinking alcohol at the time of each of the instant crimes, around 2015, depression and shock disorder, etc., but on the other hand, in light of the following: (a) the background of the instant crime; (b) the method and method of the crime; (c) the Defendant’s act before and after the crime; (d) the circumstances after the crime; and (e) the Defendant’s statement attitude at the investigative agency and the lower court and the trial court at the trial; and (e) the Defendant was in a state that at the time of the crime, the

shall not be deemed to exist.

Therefore, the defendant's mental disorder is without merit.

B. Examining the various sentencing conditions in the instant case regarding the determination of the unfair argument of sentencing, the fact that the Defendant committed a mistake in the entirety of each of the instant crimes, the fact that the Defendant did not have much weighted, and that the Defendant would not repeat the same crime again.

There are circumstances favorable to the defendant, such as the situation.

유사 판례

-서울고등법원 2016.05.20 2015노3565

-부산고등법원 2016.02.03 2015노726

-광주고등법원 (전주) 2017.11.21 2017노149

-대전지방법원 2016.06.15 2016노827

-대구고등법원 2017.12.14 2017노396