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(영문) 서울남부지방법원 2016.04.07 2015노2072
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things and make decisions.

B. The sentence imposed by the court below (six months) is too unreasonable in light of the following: (a) the illegal criminal defendant committed a crime against his/her own mistake, (b) there are circumstances in which it is difficult to receive an application by blocking the means of contact with the victim, (c) there is no same criminal history, and (d) there is only the penalty history.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is not determined that the defendant was in a state of drinking at the time of the crime of this case, but it did not have the ability or decision-making ability to discern things due to the circumstance leading to the crime of this case, the means and method of the crime of this case, and the circumstances after the crime of this case. Thus, the above assertion by the defendant is without merit.

B. In full view of the circumstances favorable to, or unfavorable to, the Defendant’s unfair argument of sentencing and all other factors of sentencing, including the Defendant’s age, sex, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and criminal experience, the lower court’s punishment is too unreasonable, and thus, the above assertion is not reasonable.

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

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