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(영문) 대전고등법원 (청주) 2017.07.20 2017노22
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and a requester for an attachment order: The statement of reasons for appeal filed after the lapse of the period for filing an unfair appeal, such as mental and physical weakness and sentencing, are deemed to the extent of supplement in case of supplement of the reasons for

1) A mentally and physically weak defendant and a person who requested an order to attach an electronic device (hereinafter referred to as "defendant") have been suffering physical and sexual abuse from fear, and have grown up to their growth. A group assault, bullying, etc. was unable to adapt well to school life, and accordingly, there was a mental problem due to symptoms of stress disorder, depression, fluence, other mergers, and drinking, etc., and the judgment of the court below was erroneous, even though it was caused to commit the instant crime under such mental and physical weakness.

2) The sentence of the lower court’s unfair sentencing (a 14-year imprisonment, an order to disclose and notify, and an order to attach an electronic device) is too unreasonable.

B. Prosecutor: The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. The part 1 of the case against Defendant 1) According to the statement on the Defendant’s mental sentiment of the head of the medical care and custody center according to the mental entrustment of the court of the first instance with respect to the Defendant’s mental and physical weakness, “Defendant 1 can anticipate the outcome of the act properly, and understanding social norms and customs is also appropriate.

It is deemed that there was no mental state falling under the grounds for exclusion of responsibility at the time of crime.

At the time of the instant case, the diagnosis by the Defendant was deemed to be a symbol certificate, but there is no error in the ability to distinguish things and make decisions. It is not deemed that the Defendant committed the instant crime due to mental illness, such as stress disorder, depression, and alcohol dependence.

Examining such various circumstances as the content, method, and degree of repetition of the instant crime, and the circumstances after the instant crime, the Defendant committed the instant crime at the time of the instant crime.

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