(영문) 대전고등법원 2014.06.20 2014노146 | 리걸엔진

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(영문) 대전고등법원 2014.06.20 2014노146

유사강간상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime, and was in a state that the Defendant lacks the ability to discern things or make decisions.

B. The lower court’s sentencing (one year of imprisonment, 80 hours of order to complete a sexual assault treatment program, and 5 years of order to disclose information) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the record as to the assertion of mental and physical disorder, even though the Defendant was under the influence of alcohol at the time of committing the instant crime, taking full account of various circumstances acknowledged by the evidence examined by the lower court, such as the background leading to the instant crime, the means and method of the crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, the Defendant did not have the ability to discern things or make decisions

It does not seem that there was or was a weak state.

Therefore, the defendant's mental disorder is not accepted.

B. As to the assertion of unreasonable sentencing, the Defendant recognized all of the instant crimes on the grounds that the Defendant had no record of criminal punishment prior to the instant crime is favorable to the Defendant.

However, the crime of this case was committed after the defendant inducedd the victim at his own house through doping, and it is not good that the crime was committed due to violence and similar rape, and the victim seems to have suffered a big physical and mental pain, and even though the defendant agreed with the victim, a considerable compensation was made for the damage by making an endeavor to reach an agreement.

The defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime are committed. The defendant's age, character and conduct, the environment, the motive, means and consequence of the crime, it is difficult to say that the victim does not want the punishment of the defendant.

유사 판례

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