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(영문) 대구고등법원 2020.04.08 2019노577
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The defendant of mental or physical disability or mental disability has committed each of the crimes of this case under the state of mental or physical disability or mental disability with alcohol dependence, fluora, and in the state of mental or physical disability or mental disorder.

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

2. Determination

A. According to the record as to the assertion of mental or physical disability, the defendant has been repeatedly hospitalized treatment due to alcohol dependence, etc., and it is recognized that certain degree of alcohol was drinking at the time of each of the crimes in this case.

However, in light of the circumstances revealed by the evidence duly adopted and examined by the lower court, the method and method of the crime, and the circumstances after the crime, it does not seem that the Defendant did not have the ability to discern things or make decisions due to drinking and drugs at the time of the crime.

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the assertion of unfair sentencing, the Defendant recognized the crime and misunderstandings.

The defendant seems to have committed each of the crimes in this case by drinking.

The victim H of special robbery and theft crime shall not be punished against the defendant.

These points are favorable to the defendant.

However, each of the crimes of this case committed two times by the defendant, kisscing the victim B (a person under 16 years of age), who is a juvenile of 16 years of age, to force force by force, and by threatening the victim, who intrudes upon the victim H's residence at night, to attract the dangerous object, and by threatening the victim to force the withdrawal of the property, the method and nature of the crime is very difficult.

On the following day of the crime of indecent act by compulsion, the defendant was found to be the sick room where the victim was hospitalized, and the victim was in the same way as himself and reported to the police by the person related to the hospital and the situation after the crime is also not good.

The defendant is a indecent act by compulsion.

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