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(영문) 부산고등법원 2017.01.12 2016노723
준강제추행등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

A. The Defendant and the requester for an attachment order (hereinafter “Defendant”) were suffering from mental disorder, such as depression, at the time of committing the instant crime.

B. The sentence sentenced by the lower court to the Defendant (one hundred months of imprisonment, etc.) is too unreasonable.

2. Determination

A. In full view of the following: (a) The Defendant’s assertion of mental disorder 1 was examined; (b) the process, method, and method of the instant crime, Defendant’s act before and after the instant crime; and (c) the statement made by the Defendant and the victim to the investigative agency; and (d) the Defendant had no or weak ability to discern things or make decisions due to mental illness at the time of the instant crime.

As such, the Defendant’s above assertion is without merit (under the investigation prior to the Defendant’s request for the attachment order order issued by the Ulsan Protection Observation Station, the Defendant appears to have a little mental disorder between the Defendant, such as the emulloid, the emullive emullive dystrophy, unstable response, and the boundary intelligence. However, such circumstance alone appears to have existed in a state of mental or physical weakness or mental loss at the time of the instant crime.

The defendant's assertion in this part is without merit.

2) We examine the judgment on the wrongful argument of sentencing. The defendant recognized the crime of this case and divided the error.

Although there are no circumstances to consider such as the fact that the victim does not want punishment against the defendant by agreement with the victim, the crime of this case committed by the defendant is committed by the indecent act against the victim who was locked in a sobry public resting room as stated in the judgment of the court below due to the same circumstance as the criminal facts stated in the judgment of the court below. The nature of the crime is very high in light of its details, means and methods, results, and the circumstances after the crime.

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