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(영문) 서울중앙지방법원 2017.09.21 2017노2567
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weakness at the time of committing the crime.

B. The sentence of the lower court that is unfair in sentencing (an amount of KRW 6 million) is too unreasonable.

2. Determination

A. In full view of the circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical disorder, the Defendant was under the influence of alcohol at the time of committing the instant crime, but the Defendant was deemed to have lost or weak ability to discern things or make decisions, based on the fact that the Defendant was under the influence of alcohol at the time of committing the instant crime.

Therefore, the defendant's above assertion is without merit.

B. Although there are favorable circumstances, such as the fact that the Defendant recognized a mistake and reflects the determination of the unfair argument of sentencing, the first offender, the degree of conduct is not serious, and the agreement is reached with the victim of a certain compulsory indecent act, compared to the original judgment, there is no particular change in the sentencing conditions, the crime of each of the of the of the of the of the of the of the of the instant crimes is bad, part of the crime did not reach an agreement with the victim, and other various sentencing conditions shown in the records and arguments of the instant case, the lower court’s punishment is too unreasonable.

3. The defendant's appeal is dismissed on the ground that it is without merit.

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