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(영문) 서울중앙지방법원 2013.11.01 2013노3201
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal, mental and physical disability and unreasonable sentencing; 2. Determination of this Court

A. Even according to the record on the assertion of mental disorder, since there is no evidence to deem that the defendant had weak ability to discern things or make decisions at the time of each of the crimes in this case, the above assertion by the defendant disputing this point cannot be accepted.

B. Although there is no record of punishing the Defendant for a similar type of crime against the allegation of unfair sentencing, considering the fact that the nature of the crime in this case is relatively poor, and the degree of the indecent act in this case, the Defendant’s age, character and conduct, environment, family relationship, motive for the crime in this case, means and consequence of the crime, etc., it is difficult to view that the Defendant’s fine imposed by the first instance court is too unreasonable. Thus, the Defendant’s allegation that this point is concerned cannot be accepted.

3. Accordingly, we cannot accept the Defendant’s appeal under Article 364(4) of the Criminal Procedure Act.

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