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(영문) 서울고등법원 2015.12.04 2015노2222
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of mental disability due to mental disorder.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. The following facts and circumstances acknowledged by the record of the judgment as to the claim of mental disability are as follows: ① the Defendant’s intelligence index constitutes 77 years of age and the social age is merely 9 years of age and 3 months of age; ② the Defendant was subject to pharmacologic treatment and support treatment in a psychiatrist from 2009 to 6 years of age; ③ the Defendant was subject to the judgment of disability Grade 3 of intellectual disability in around 2007; ④ the Defendant is believed to have committed the instant crime in a state of mental disability with mental disorder due to the lack of shock power associated with the degradation of intelligence, ④ the Defendant is believed to have committed the instant crime in a state of mental disability with mental disorder due to the lack of capacity to make decisions due to mental disorder in light of the following: (a) the Defendant prepared and submitted a statement of opinion that “The Defendant is believed to have committed the instant crime in a state of mental disorder with mental disorder caused by the lack of sufficient shock power; (b) the motive, developments, means and attitudes of the instant crime; and (c) the Defendant’s act before and after the instant crime.

Therefore, this part of the defendant's argument is justified.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following decision is rendered again through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by the court are added to the part of the "Juveniles" in the second sentence in the facts constituting the crime of the judgment of the court below, and "in the state of having weak ability to discern things or make decisions due to mental disorders," and the summary of the evidence is written by the professional examiners of the court of first instance.

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