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(영문) 서울고등법원 2017.03.21 2016노3900
강간상해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (unlawful in sentencing) sentenced by the court below to the defendant (three years of imprisonment) is too unhued and unfair.

B. The Defendant (mental and physical disorder and sentencing, unfair sentencing, and unfair disclosure notification order) had mental and physical disorder at the time of committing the instant crime, and the Defendant was in a state of mental and physical disorder under the influence of alcohol without proper treatment despite having any mental disorder at the time of

2) The punishment sentenced by the lower court against the Defendant is too unreasonable.

3) Although there are special circumstances that may not disclose or notify the personal information of the criminal defendant who was improper to issue an order to disclose or disclose the personal information of the criminal defendant, it is unreasonable for the court below to order the criminal defendant to disclose or notify the personal information

2. Determination

A. According to the record as to the defendant's mental disorder argument, the defendant from April 12, 2009 to the same year.

5. Until August 29, 201, at the time of the instant crime, the Defendant received outpatient treatment on the ground of disability from S Assembly members of August 3, 201, which was the time of the instant crime on August 3, 2011, on the ground that the Defendant was drinking alcohol at the time of the instant crime, but the Defendant was deemed to have never drinking alcohol at the time of the lower court, but the Defendant did not seem to have snicking without the Defendant’s drinking, except for the Defendant’s walk and walking.

In full view of the following circumstances: (a) the statement was made by the Defendant; (b) the background and means of the instant crime; and (c) the Defendant’s act committed before and after the instant crime; and (d) the Defendant had no or weak ability to discern things or make decisions due to illness and drinking, as alleged by the Defendant at

It is difficult to view that the Defendant was in a state of mental disorder at the time of committing the instant crime.

There is no evidence to prove that there is no evidence.

Therefore, the defendant's mental disorder is without merit.

B. As to the wrongful argument of sentencing by the prosecutor and the defendant, the defendant can only be found in the apartment.

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