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(영문) 부산고등법원 (창원) 2016.06.01 2016노118
강제추행치상등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment that dismissed the prosecutor’s request regarding the Defendant’s case and the case regarding the request for attachment order.

As to this, there was no benefit in the appeal regarding the case of the request for attachment order, notwithstanding Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., the request for attachment order among the judgment of the court below is excluded from the scope of the trial of this court, and only the case of the defendant falls under the scope of the trial of this court.

2. Summary of grounds for appeal;

A. Inasmuch as the Defendant, at the time of committing each of the instant crimes, was physically and mentally weak due to the proof of alcohol alcohol, punishment should be mitigated.

B. The sentence sentenced by the lower court to the Defendant (a three years of imprisonment, 80 hours of order, and 3 years of disclosure of disclosed information) is too unreasonable.

3. Determination

A. The lower court acknowledged that at the time of each of the instant crimes, the Defendant had weak ability to discern things or make decisions due to proof of alcohol, etc., and mitigated the punishment necessary. The lower court clearly stated the application of the statutes of the lower judgment and the reasons for sentencing.

Therefore, the Defendant’s assertion that the punishment should be mitigated for mental and physical weakness is without merit, and the Defendant’s assertion that this part of this case’s assertion was not a physical and physical loss due to alcohol existence at the time of each of the instant crimes, and thus, should be exempted from punishment. In light of various circumstances, such as the background, means, Defendant’s behavior before and after each of the instant crimes duly adopted and examined by the lower court, the Defendant did not have the ability to discern things or make decisions due to alcohol existence at the time of each of the instant crimes.

No. 3.

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