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(영문) 서울동부지방법원 2021.03.19 2020노1667
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental or physical weakness or loss.

B. The sentence sentenced by the lower court (6 months of imprisonment and order to complete the course) is too unreasonable.

2. Determination

A. The Defendant appears to have been under the influence of alcohol at the time of each of the instant crimes. However, considering the background and process of the crime, the Defendant’s behavior before and after the crime, etc., it is not deemed that the Defendant did not have or lacks the ability to discern things or make decisions. Therefore, this part of the Defendant’s assertion is without merit.

B. The lower court seems to have reasonably decided the punishment by fully taking into account all the circumstances, including the various sentencing grounds asserted by the Defendant, and there is no change in the sentencing conditions that could change the punishment compared with the lower court, and in light of the overall sentencing conditions, including the Defendant’s age, sex, environment, circumstances of the crime, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, this part of the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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