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(영문) 대구고등법원 2012.12.27 2012노698
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

For a period of 10 years, the information on the defendant.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the crime in the judgment of the court below, the Defendant was in a state of having the ability to discern things or make decisions by taking alcohol.

B. The sentence of unfair sentencing (10 years of imprisonment) by the lower court is too unreasonable.

(2) On December 13, 2012, the defendant and his defense counsel asserted that an order to disclose or publicly announce information is unreasonable for reasons of appeal, and they withdrawn the above argument on the date of the first instance trial on December 13, 2012.

A. According to the evidence duly adopted and examined in the judgment of the court below as to the assertion of mental and physical disorder, although it is unclear whether the defendant inhales the main body or drinks immediately before the crime as indicated in the judgment of the court below, even if the defendant's family affairs acknowledged the fact of drinking immediately before the crime, the defendant did not have the ability to discern things or make a decision by taking into account various circumstances, such as the background, method, and the defendant's behavior before and after the crime.

No or weak state may have been found to have existed.

Furthermore, Article 19 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that Article 10(1) and (2) of the Criminal Act shall not apply to cases where a crime is committed in the state of mental disorder caused by drinking or drugs, as stated in the judgment of the court below. Therefore, it is also inappropriate to render legal mitigation on the grounds of temporary mental disorder state caused by

The defendant's argument in this part of the appeal shall not be accepted.

B. As to the assertion of unfair sentencing, the Defendant: (a) by destroying the entrance of a private teaching institute where the victim works, intruded the victim’s timber and strokeed the victim’s timber; and (b) rapeed the victim to satisfy his/her sexual desire; and (c) brought the victim into injury.

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