logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.10.14 2016노1888
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

Defendant

In addition, both the appeal by the person requested to attach an attachment order and the appeal by the prosecutor are dismissed.

. The applicant.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order (hereinafter “Defendant”)

(2) At the time of each of the instant crimes, the lower court’s sentence of unfair sentencing is too unreasonable and thus, is too unreasonable. In so doing, the lower court did not err and adversely affect the conclusion of the judgment.

3) In particular, there are special circumstances to exempt the accused from issuing a disclosure notification order. 4) The lower court’s order to attach an electronic tracking device to the Defendant is unreasonable, even if the accused was not likely to recommit sexual crimes.

B. The lower court’s sentence is too unfilled and unfair.

2. Determination

A. According to the records on the Defendant’s assertion of mental disorder, the fact that the Defendant was judged to be Grade 3 of the past mental disorder and was suffering from stimulative disorder at the time of each of the crimes in this case, and the fact that the Defendant was drinking at the time of each of the crimes in this case can be recognized.

However, according to the written opinion prepared and submitted by the professional examiners T in the trial, it is very difficult to view that the defendant was in a state that he did not have or lacks the ability to discern things or make decisions due to drinking or stimulative disorder at the time of each of the crimes in this case. In full view of various circumstances such as the background leading up to each of the crimes in this case, the means and method of the crime in this case, the defendant's act before and after the crime in this case, and the circumstances after the crime in this case, it is not recognized that the defendant was in a state that he did not have or lacks the ability to discern things or make decisions due to breactic disorder at the time of each of the crimes in this case.

This part of the defendant's assertion is without merit.

B. The crime of similarity between the Defendant and the prosecutor on the assertion of unfair sentencing is committed.

arrow