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(영문) 서울서부지방법원 2017.09.28 2017노869
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking the mentally and physically, and mentally and physically.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant is deemed to have been disabled persons of Grade III with intellectual disability and was using a medication due to normal depression and labor-management disorder. However, in light of the circumstances leading up to each of the crimes of this case, the method and method of the crime, and the circumstances before and after the crime, etc., the defendant had no or weak ability to discern things or make decisions due to the above mental disability or medicine at the time of the crime.

It does not seem that it does not appear.

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

B. Although the Defendant’s judgment on the unfair argument of sentencing has been recognized as committing one’s own crime at the time of the trial, and the Defendant was suffering from intellectual disability 3 and decentralization, the Defendant started to commit each of the crimes of this case only one month after the execution of the sentence was completed, the victims appear to have been suffering from considerable mental impulse and sexual humiliation, the victims are children aged 14 and 16, the victims were merely victims, and the victims did not receive any letter from the victims, and other various conditions of sentencing as shown in the records and arguments, comprehensively taking account of the Defendant’s age, sexual behavior, environment, motive and means of the crime, circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's improper assertion of sentencing cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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