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(영문) 서울남부지방법원 2017.10.19 2017노1498
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental or physical disorder committed an indecent act under a state of mental or physical weakness, so punishment shall be mitigated.

B. In light of the following: (a) the illegal criminal defendant is heavily against the sentencing; (b) the crime of indecent act by force was committed by taking advantage of the fact that the criminal defendant committed an indecent act by force; (c) the crime of damaging property was committed by causing a dispute with the victim with the victim; (d) the criminal defendant’s treatment of alcohol addiction after release; and (e) the criminal defendant’s economic situation is very difficult; and (e) the criminal defendant is responsible for supporting pro-Japanese who is invested in the criminal defendant’s disease (six months of imprisonment)

2. Determination

A. According to the evidence duly admitted and examined by the lower court as to the assertion of mental disorder, it is not determined that the Defendant had a weak ability to discern things or make decisions, in light of the circumstances leading to the instant crime, the method and method of the crime, and the circumstances after the crime, etc., even though the Defendant was deemed to have drinking at the time of the instant case.

The defendant's mental disorder is without merit.

B. There are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below on the unfair argument of sentencing.

On December 16, 2014, the Defendant had been punished as violent crimes several times, and committed each of the instant crimes without being aware of the period of repeated crime due to interference with the execution of official duties even though he/she was sentenced to a disposition of suspension of indictment on several methods similar to the instant forced indecent act crimes.

Until the trial of the party, it was not possible to take measures to recover damage against the victim of forced indecent act and intrusion on residence.

In addition, all kinds of sentencing shown in the records and arguments of this case, such as the age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, including those favorable or unfavorable to the defendant.

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