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(영문) 부산고등법원 2015.12.02 2015노473
강간상해
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 in a state of mental disorder or mental disability under the influence of alcohol.

B. The sentence of the lower court’s sentencing (two years and six months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. The following facts acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mental disorder, namely, (i) the prosecutor Q of the Medical Treatment and Custody Center, as a result of the mental appraisal of the court below, showed that "the defendant diagnosed as an impossible personality disorder and deemed to have influenced the criminal liability of the defendant at the time of the crime of this case," (ii) the police stated to the effect that "the defendant was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually

did not appear to have existed in or weak condition.

Therefore, the judgment of the court below to the same purport is just, and the defendant's above assertion is without merit.

B. As to the assertion on unfair sentencing, the Defendant made a confession of the instant crime and reflects on the charge, the rape crime, which is the basic crime of the instant crime, was committed in attempted crimes, and the victim did not want punishment against the Defendant. However, the instant crime was committed in combination with the victim under the influence of alcohol in the packaging and the victim under the influence of alcohol, and attempted to have sexual intercourse with the victim under the influence of suppression of resistance.

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