(영문) 수원지방법원 2017.01.12 2016노8029 | 리걸엔진

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자간(%)

(영문) 수원지방법원 2017.01.12 2016노8029

강제추행등

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

The Defendant, a counsel with mental and physical weakness, who had mental weakness due to the mental retardation at the time of each of the instant crimes, was found to have committed an error by the lower court.

In light of the fact that the illegal defendant's error in sentencing is recognized and reflected, and that the victim N is a person with a mental disability of class 3, that the defendant's cell phone period was returned to the victim, that the defendant was detained and living alone in middle school, and that there is no record of punishment exceeding the fine, the court below's sentence that sentenced the defendant to the order to complete the sexual assault treatment program for eight months and forty hours is too unreasonable.

In light of the fact that the Defendant was sentenced to a fine of KRW 2,00,00 as an obscene crime in the Daejeon District Court’s Support on September 15, 2015, and that each of the remaining crimes was committed even though the Defendant was prosecuted due to an indecent act against the victim J. (a person under whose name the lower court’s punishment was too uncompacted, the Defendant appears to have committed the act of denying the commission of the crime at an investigative agency, and the Defendant did not compensate for damages, and the victims were wanted to severely punish the Defendant. In light of the fact that: (a) the Defendant was sentenced to a fine of KRW 2,00,000 as an obscene crime in the performance, and (b) the Defendant continued to commit each of the instant crimes.

Judgment

In full view of the background, means and methods of each of the instant crimes, the Defendant’s behavior before and after the commission of the crime, and the circumstances after the commission of the crime, etc. acknowledged by the evidence duly adopted and examined by the lower court, it does not seem that the Defendant was under medical treatment due to depression, depression, etc. at the time of each of the crimes, but it does not seem that the Defendant was in a state of lacking mental capacity to discern things or make decisions due to such lack of ability.

Therefore, the judgment of the court below that did not apply Article 10(2) of the Criminal Act to the defendant is legal.

참조조문

-형법 제10조 제2항

유사 판례

-전주지방법원 2016.06.30 2015노1825

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-광주지방법원 2016.03.22 2015노3491

-광주지방법원 2016.08.30 2016노1303