(영문) 대전고등법원 2015.01.09 2014노511 | 리걸엔진

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자간(%)

(영문) 대전고등법원 2015.01.09 2014노511

강제추행

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) (1) The Defendant was in a state of mental disability and mental disorder at the time of committing the instant crime.

(2) The lower court’s sentencing (one year of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. The judgment of the defendant and the prosecutor filed an appeal against the prosecuted case is deemed to have filed an appeal regarding the attachment order case pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, there is no statement in the grounds of appeal or the petition of appeal filed by the defendant and the prosecutor, and there is no ground for reversal ex officio.

According to the records on the defendant's claim of mental disability, the defendant's drinking at the time of the crime of this case is recognized as having been in a state of drinking, and the fact that the defendant has repeatedly committed the crime of indecent act by compulsion with similar contents.

However, the Defendant’s assertion that the Defendant was in a state of mental disability at the time of committing the instant crime is difficult to accept in light of the following: (a) details of the instant crime; (b) circumstances after committing the instant crime; and (c) the fact that the Defendant had no history

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the crime of this case committed the crime of this case by the Defendant and the prosecutor committed the crime of this case without being aware of it during the period of repeated crimes, even though the Defendant had been punished three times for the same kind of crime and had an electronic device attached, even though he had been punished three times in the entrance of the same subway station in 2012. The victim committed the crime of this case without being aware of it during the period of repeated crimes.

참조조문

-특정 범죄자에 대한 보호관찰 및 전자장치 부착 등에 관한 법률 제9조 제8항

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