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(영문) 서울고등법원 2014.05.15 2013노3539
강제추행치상등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for two years.

. Information on the Defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The mentally and physically handicapped Defendant and the person for whom the attachment order is requested (hereinafter “Defendant”).

(2) The sentence imposed by the lower court on the Defendant (two years and six months of imprisonment) is too unreasonable, because of mental fissionism, depression, etc. at the time of each of the instant crimes.

B. Although a prosecutor 1) misunderstanding of facts or misunderstanding of legal principles constitutes injury to the victim C in the crime of bodily injury by indecent act by indecent act, the court below acquitted the victim’s wife on the ground that the victim’s wife does not constitute injury to the crime of bodily injury by indecent act by indecent act by indecent act by indecent act by indecent act. The court below erred by misapprehending the legal principles on the crime of bodily injury by indecent act by indecent act by indecent act by indecent act, which affected the conclusion of the judgment. 2)

2. Determination

A. The following circumstances acknowledged by evidence duly adopted and investigated by the lower court and the trial court, including a written mental sentiment of the written judgment on the Defendant’s mental and physical disability claim. In other words, the Defendant was receiving a pain from a mental hospital during the period from December 3, 2009 to May 7, 2010, which was after his house, and had not been treated for a long time, and the Defendant was receiving a pain treatment from a mental hospital during the period from June 7, 2013 to August 5, 2013, when each of the instant crimes was concentrated. In particular, on July 3, 2013, the Defendant was discharged from the mental hospital at the time of the Defendant’s residence and the distance from Kimpo-si to the police, and was arrested at a mental hospital and hospitalized at a mental hospital, and was discharged from each of the instant crime on July 6, 2013.

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