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(영문) 서울북부지방법원 2016.01.28 2015노2157
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing each of the instant crimes, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The sentence sentenced by the court below to the defendant (4 months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical disorder, even though the Defendant was deemed to have committed each of the crimes in this case under drinking, in view of the circumstances following the commission of each of the crimes in this case, the circumstances leading to each of the crimes in this case, the circumstances leading to each of the crimes in this case, and the Defendant’s behavior at the time of committing each of the crimes in this case, the Defendant was in a state that he did not have the ability to discern things

Therefore, the defendant's mental and physical disability argument is without merit.

B. Although the defendant did not receive a letter from the above victim F due to the agreement with the victim F of the crime of insult of this case, the defendant was found to have committed all the crimes of this case which were denied in the court below, and it seems that the defendant had been able to live in prison for more than 2 months after the decision of the court below was pronounced, and there was no record of punishment or more severe punishment than a fine for the same crime as the crime of indecent act of this case, and the defendant was deemed to have committed each of the crimes of this case by drinking and contingently. The degree of indecent act committed by the defendant against E was not serious. The defendant appears not to have been aware of the degree of indecent act committed by the defendant against the victim E. The defendant expressed his intention that the above victim does not want the punishment of the defendant, and other records revealed in the record, such as the motive and background leading up to each of the crimes of this case, the age, circumstances before and after each of the crimes, the defendant's age, sex, family relation, occupation, etc.

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