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(영문) 서울고등법원 2013.07.19 2013노1578
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with a mental disorder was committed in the state at the time of a bareboat indecent act by compulsion under Article 3(3) of the judgment.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mental disorder, the lower court is recognized as having served alcohol at the time when the Defendant committed indecent acts at port 3-B, but did not have the ability to discern things or make decisions due to such fact.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing does not appear to have an intention to reflect and improve the instant fraud under the same and same several laws despite the criminal records already punished several times, on the grounds that he/she did not have an intention or ability to pay the price in the main place and did not receive any payment, and on the other hand, he/she did not appear to have an intention to reflect and improve the instant fraud under the same and several laws. In addition, the crime is limited to special larceny, indecent act by compulsion, assault, and larceny, and its nature is weak and likely to be criticized

In addition, in light of the criminal facts of the defendant, it is difficult to consider the circumstance that the defendant has high dependence on alcohol as a favorable sentencing factor.

In light of the above, comprehensively taking into account the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances before and after the crime, etc., the lower court’s punishment is too unreasonable, and thus, it is not recognized that the Defendant’s above assertion is unreasonable.

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

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