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(영문) 대전고등법원 2014.06.20 2014노173
강제추행치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had a weak mental disorder, etc. to discern things or make decisions.

B. The lower court’s sentencing (two years and six months of imprisonment) is too unreasonable.

C. The judgment of the court below ordering the disclosure of information and notification to the defendant on the premise that the defendant does not have any record of punishment for sexual crimes and other crimes, even though there is no record of recidivism.

2. Determination on the grounds for appeal

A. According to the record as to the assertion of mental and physical disorder, in light of the following: (a) in a situation where the Defendant’s intelligence fell under the boundary level I Q 76 and requires a cruel action, it is anticipated that restriction on intellectual functions is difficult due to restriction on intellectual functions; (b) although it is acknowledged that there is a mental disorder or mental and physical accident, it does not seem that there is any mental disease; (c) in full view of all the circumstances acknowledged by the evidence of the lower court, including the background leading up to the instant crime; (d) the method and method of the crime; (e) the Defendant’s act before and after the crime; and (e) the circumstances after the crime, etc., the Defendant did not have the ability to discern things

It does not seem that there was or was a weak state.

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

B. As to the assertion of unfair sentencing, the following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime, thereby contravening the mistake; (b) the degree of the victim’s injury appears not to be significant; (c) the Defendant paid 600,000 won of the victim’s hospitalization treatment fees; (d) the Defendant has no record of criminal punishment; and (e) the Defendant’s health status is not good due to physical disorder and mental retardation.

However, the Defendant is aware of the crime of this case.

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