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(영문) 서울남부지방법원 2013.07.11 2013노617
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the Defendant’s grounds for appeal is as follows: First, the Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime; second, the penalty of the lower judgment (fine 3,000,000) is too unreasonable.

2. According to the evidence duly examined and adopted by the court below and the court below as to the allegation of mental disorder as to the grounds for appeal, the defendant was found to have been under significant alcohol at the time of each of the crimes of this case, but the defendant's speech and behavior until he entered the surface of the water and the contents of the crime of this case were found to have no ability to distinguish things or make a decision.

Since it is not recognized that the defendant was in a state or weak condition, the defendant's assertion of mental disorder is without merit.

Next, regarding the assertion on unfair sentencing, considering the health care unit, the lower court’s determination of the sentence against the Defendant in consideration of the circumstances (the initial crime, reflectivity, etc.) already favorable to the Defendant, the fact that no changes or circumstantial factors are found to be considered in the sentencing newly raised in the trial, and that the Defendant committed two victims in the private letter or the water surface room using a large number of people, and the nature of the offense was very poor in light of the place and degree of indecent act, indecent act, and the time of indecent act, and the fact that no agreement was reached with the victims, and other various sentencing conditions as shown in the argument in the instant case, such as the method of the instant crime, the background and background of the crime, the circumstances after the crime, and the Defendant’s age and character and behavior, etc.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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