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(영문) 서울남부지방법원 2019.05.07 2018노2404
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing each of the instant crimes, was in a state of mental disorder, mental disorder, or mental disorder.

B. As to the punishment of unfair sentencing (one year of imprisonment, 40 hours of completing sexual assault treatment programs, and 3 years of employment) by the lower court, the Defendant asserts that it is too unreasonable and unfair, and the prosecutor asserts that it is too unreasonable.

2. Determination

A. In light of the background of each of the instant crimes, the method and method of committing the crime, and the circumstances after committing the crime, etc. acknowledged by the lower court and the lower court’s duly admitted and investigated evidence, it is difficult to view that the Defendant was in a state of mental and physical disability or mental health disorder at the time of each of the instant crimes, due to shock disorder, etc.

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

B. Determination of the assertion of unfair sentencing (the defendant and the prosecutor) is that each of the crimes of this case committed an indecent act by the defendant, by deceiving her tumm of female victims, and the criminal liability of the defendant is heavy in light of the details and methods of the crime.

There is a history of punishment for the defendant one time of suspended execution and two times of fine due to the same crime.

However, the Defendant has led to the confession of all crimes and against the mistake.

As the defendant has committed a crime of death and sought a letter, all victims used the defendant.

Even if there is no degree of recognition of mental disorder, there is room to view that symptoms such as shock disorder, etc. suffered by the defendant in light of the past medical records of the defendant and his/her family have an impact on each of the crimes of this case.

In the future, the defendant has consistently received mental treatment and did not repeat the crime, and family members including the defendant's women have to appeal to the defendant's wife and to live as healthy members of society.

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