(영문) 서울고등법원 2015.10.15 2015노850 | 리걸엔진

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(영문) 서울고등법원 2015.10.15 2015노850

아동ㆍ청소년의성보호에관한법률위반(유사성행위)등

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Defendant

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

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

1. Summary of grounds for appeal;

A. Part of the Defendant case (1) The Defendant and the person subject to a request for attachment order and the person subject to medical treatment and custody (hereinafter “Defendant”) had weak ability to discern things or make decisions due to mental disorder at the time of committing the instant crime.

(2) The sentence imposed by the lower court on the Defendant (seven years of imprisonment) is too unreasonable.

(3) Although there are special circumstances under which disclosure or notification of personal information should not be disclosed or notified to the illegal defendant of the disclosure or notification order, it is improper for the court below to order the defendant to disclose or notify personal information for seven years.

B. Although the Defendant cannot be deemed to have the recidivism of sexual crimes and the risk of recidivism, it is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for 10 years.

2. Determination

A. According to the mental appraisal written by the director of the Medical Treatment and Custody Office regarding the part concerning the defendant's case (1) as to the claim of mental disability, the defendant is recognized as having been in a somewhat insufficient mental health condition at the time of committing the instant crime as a patient with a

However, at the time when the above mental assessment was conducted on the average level of I Q93, the defendant's intelligence was not observed by mental disorder, food was clear, and the remaining forces and judgment ability were improved.

The appraisal in charge of the above mental appraisal judged that the mental diagnosis, which is the mental diagnosis of the defendant, is not a mental disorder, and that there is no impediment to the overall reality judgment.

In addition, comprehensively taking account of the background, means and methods of the instant crime, the Defendant’s behavior before and after the instant crime, etc., it does not seem that the Defendant had the weak ability to discern things or make decisions due to the mental disorder at the time of the instant crime.

Therefore, this part of the defendant's argument is without merit.

(2) The assertion of unfair sentencing.

유사 판례

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