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(영문) 부산지방법원 2016.04.22 2015노4537
강제추행
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 suffered from a stimulative disorder, thereby having a mental and physical weak condition at the time of birth of symptoms of the mental disorder.

B. The lower court’s sentence (6 months of imprisonment, 40 hours of order to complete the course) against an unjust defendant is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mental and physical weakness, the defendant is deemed to have suffered from mental illness, such as stimulative disorder, but the defendant is accurately memoryed at the time of the crime and the situation before and after the crime, such as making detailed statements at the time of the crime at the time of the police investigation, and there seems to be no impediment in making statements. In particular, in relation to the motive for the crime, the defendant stated that "the defendant was actually physically and mentally weak due to mental disorder, etc. at the time of the crime of this case, when he committed the crime of this case."

It is difficult to see that the defendant's argument about mental and physical weakness is rejected.

B. The Defendant recognized the instant crime and is in profoundly contradictory to the Defendant’s determination on the wrongful argument of sentencing, and did not reach the degree of mental and physical weakness.

Even if a person commits a crime by contingency, it seems that he/she committed a crime by contingency, and the degree of his/her prosecution is relatively heavy, etc. are favorable to the defendant.

However, the crime of this case is not suitable for committing an indecent act by force against women at a low level, and the victim seems to have suffered a considerable sense of sexual humiliation due to the crime of this case. The victim wanted to punish the defendant, and the defendant led to the crime of this case without being aware during the suspension period. The circumstances leading to the crime of this case, circumstances after the crime, the age of the defendant, and the age of the defendant.

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