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(영문) 광주고등법원 2013.08.29 2013노163
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of the grounds for appeal by the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant");

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

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the judgment and the evidence duly admitted and examined by the court below as to the defendant's mental disorder claim (1) and the judgment of the court below, it is recognized that the defendant has mental illness, such as obsesses and intellectual intelligence.

However, the following circumstances acknowledged by the evidence are as follows: (a) the Defendant is relatively specific and accurate memory of the contents of the instant crime; (b) the Defendant knows that the instant crime was erroneous; and (c) the Defendant, upon reporting the victim on the day of the instant case, sees the victim at a later distance; and (d) putting the victim out of both horses in order to prevent the victim from passing through the clibbbbridge during the course of leaving the victim, and makes indecent acts by force; (c) the Defendant selected the person to commit the instant crime according to his/her own will; and (d) the method of committing the instant crime appears to have been determined after taking the clibly; and (c) although the mental appraisal written by the Medical Treatment and Custody Office stated that “the Defendant was a state of mental or physical disability at the time of the instant crime,” the said mental appraisal statement states that “the Defendant’s sexual desire for children is vulnerable to adjustment; and (e) the Defendant’s sexual desire is weak.”

Even if it is difficult to say that there is a reason to reduce the punishment by itself, and it is also difficult to find out that there is a reason to reduce the punishment by reason of not suppressing the impulse to the normal person.

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