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(영문) 서울북부지방법원 2015.02.05 2014노1440
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disorder, since he suffered from mental illness such as an unidentified habit, shock disorder, and face-to-face disease at the time of stopping each of the instant crimes.

B. The sentence imposed by the court below on the defendant (the suspension of the execution of imprisonment for six months, the order to attend sexual assault treatment lectures for forty hours, the order to provide community service and confiscation for 80 hours) is too unreasonable.

2. Determination

A. In light of the circumstances before and after the commission of each of the instant crimes, the background leading up to each of the instant crimes, the means and method of committing each of the instant crimes, the Defendant’s behavior at the time, etc., it cannot be deemed that the Defendant did not have the ability or ability to make a decision to discern things due to mental illness, such as an unknown habit and impulse disorder at the time of stopping each of the instant crimes, and an act of the Defendant. Thus, the Defendant’s mental and physical disorder is without merit.

B. Each of the instant crimes committed by the Defendant’s criminal act of unfair sentencing is an act of cutting down the body parts of the victims who may cause a sense of sexual shame by impairing a female public toilet for the purpose of meeting their own sexual desire. While the nature of the crime is bad, the Defendant’s mistake is considered to be in depth, and there is no criminal power, and the Defendant suffers from mental illness, such as an unknown habit and shock disorder, and is continuously being treated, and the Defendant’s family members are under medical treatment. The Defendant’s family members wanted the Defendant’s guidance, and other various circumstances that led to the Defendant’s each of the instant crimes, including the motive and background leading up to the Defendant’s criminal acts, the circumstances before and after the criminal acts, the Defendant’s age, character and conduct, occupation, occupation, and family relationship, etc., the sentence imposed by the lower court shall be imposed on the Defendant.

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