logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.09.06 2016노1619
강제추행
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

The court below rendered a judgment dismissing the prosecutor's request regarding the part of the defendant's case and the part of the case for which the request for attachment order was filed. Accordingly, the defendant only appealed, and there is no interest in appeal regarding the part for which the attachment order was requested

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, this part is excluded from the scope of the adjudication of this Court.

Summary of Grounds for Appeal

A mentally ill-minded defendant was in a state of mental disability due to a fluoral disease at the time of committing the instant crime.

The sentence imposed by the court below on the defendant (one year and six months of imprisonment, three years of suspended execution) is too unreasonable.

It is unfair for the court below to issue an order to disclose or notify personal information to the defendant, even though there are special circumstances that the defendant should not disclose or notify personal information to the defendant.

The judgment of the court below (with regard to the claim of mental disability) is deemed to have received several occasions of hospital treatment and hospital treatment from a mental fission since 2006, but considering the contents and form of the statement made by the defendant in the investigation agency about the crime of this case, the circumstances leading to the defendant's commission of the crime, and the actions immediately after the crime, etc., the court below held that the defendant has a mental fission certificate for the defendant.

Even if so, it was difficult to recognize that the defendant had the weak ability to discern things or make decisions at the time of the crime of this case.

The judgment of this court under Article 10 of the Criminal Act is a biological factor, and there is a mental disorder such as mental disorder, mental weakness, or abnormal mental condition as well as mental disorder, according to the ability to identify things due to such mental disorder.

arrow