(영문) 서울북부지방법원 2015.03.12 2014노1765

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(영문) 서울북부지방법원 2015.03.12 2014노1765

강제추행등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was suffering from alcohol dependence at the time of stopping each of the instant crimes, but was under the influence of alcohol, and was in a state of mental disorder.

B. The sentence imposed by the lower court on the Defendant (a three-year imprisonment and a forty-hour order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. According to the records of mental and physical disability, even though the defendant has symptoms of alcohol dependence, and the defendant committed each of the crimes of this case while drinking, it is recognized that the defendant was guilty of committing each of the crimes of this case, in light of the circumstances before and after the commission of each of the crimes of this case, circumstances leading to each of the crimes of this case, the defendant's behavior at the time, etc., it cannot be deemed that the defendant lacks the ability to discern things or make decisions due to alcohol dependence symptoms and drinking, and therefore, the defendant's argument of mental and physical disability is without merit.

B. Although the defendant has already been punished by imprisonment, a stay of execution of imprisonment and a fine on several occasions due to the same crime, the defendant committed each of the crimes of this case without being aware of during the repeated crime period. However, although the defendant was found to have committed the crime of this case without being aware of his fault during the repeated crime period, the defendant was considered to have committed each of the crimes of this case under the influence of alcohol, and in light of the motive and background leading up to the crime of this case, the circumstance before and after the crime of this case, the defendant's age, character and conduct, environment, occupation and family relation, the defendant's punishment of this case is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable.

유사 판례

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