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(영문) 대전지방법원 2014.07.23 2014노1139
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (the factual error and inappropriate sentencing)

A. The Defendant did not commit an indecent act against the victim at the time and place stated in the instant facts charged.

B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a situation of loss of heart or heart medicine.

C. The sentence imposed by the lower court on the Defendant (ten months of imprisonment and forty hours of completion of sexual assault treatment programs)

2. Determination

A. In the judgment of the court below as to the assertion of mistake of facts, the court below rejected the above assertion on the grounds of various circumstances as stated in its holding, since the defendant made the same assertion as this part of the grounds for appeal, and the court below rejected the above assertion on the grounds of diverse circumstances. If the judgment of the court below is examined closely by comparing the above judgment with the records, the judgment of the court below which found the defendant guilty of the relevant part of the facts charged against the defendant is just, and there is no error of law that misleads the facts

B. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, the fact that the Defendant was under the influence of drinking alcohol to a certain extent at the time of committing the crime is deemed to have not been in a state of lacking the ability to discern things or make decisions at the time of committing the crime, in full view of the background leading up to the crime, the means and methods of the crime, the Defendant’s act before and after the crime, and the circumstances after the crime.

Therefore, the defendant's mental disorder is without merit.

C. A favorable circumstance is that the exercise of force and the degree of indecent act on the instant crime are relatively not more severe in determining the assertion of unfair sentencing, and that the Defendant appears to have led to an contingent crime under the influence of alcohol, and that the Defendant’s punishment is seeking the Defendant’s prior action against the Defendant.

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