logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.10.13 2016노658
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was physically and mentally weak due to symptoms and liverment.

Nevertheless, the judgment of the court below which did not reduce the amount of mental disability is erroneous in the misapprehension of legal principles.

B. The lower court’s determination on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. The defendant's judgment as to the claim of mental retardation seems to have been in a state of drinking at the time of the crime in this case and to have a sacrificing due to the emuliousness. However, in light of the defendant's behavior before and after the crime in this case, the defendant's speech and behavior shown in the records, etc., it is not determined that the defendant's ability to discern things or make decisions has been weak at the time of the crime in this case, so

B. The lower court appears to have determined the sentence in consideration of all the following circumstances, and there was no change in circumstances in the trial.

In addition, considering various sentencing conditions shown in the records and pleadings, such as the background and means of the crime, the circumstances after the crime, the defendant's career, character and conduct, environment, etc., the lower court's punishment is deemed appropriate and it cannot be deemed unreasonable to the extent that the lower judgment should be reversed

The Defendant committed the instant crime, even though he had had the record of fine and criminal punishment due to the same or a similar crime committed an indecent act against a female who is diving in a private house or a resting room, at the same time during the period of repeated crime and the period of suspended execution due to the same criminal act.

The extent of the accused's indecent act is not easy.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

arrow