(영문) 대전지방법원 2017.08.30 2017노1480 | 리걸엔진

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(영문) 대전지방법원 2017.08.30 2017노1480

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental and physical loss or mental weakness due to physical or mental disorder.

B. The punishment of the lower court (six months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. In light of the following circumstances as to the assertion of mental disorder in light of the process and process of the instant crime and the Defendant’s act before and after the instant crime, the Defendant was somewhat under the influence of alcohol at the time of the instant crime.

Even if so, the ability to discern things or make decisions is weak, or there is no such ability.

The defendant did not seem to have known the situation at the time of committing the crime.

I seem to appear.

It is a problem that is different from that in which the situation at time can not be forgotten under the influence of alcohol.

Therefore, the defendant's assertion is not accepted.

B. As to the wrongful assertion of sentencing, it is advantageous to the fact that the defendant recognized the crime of this case, deposited 5 million won for the victim at the court below, and did not have any record of punishment for the same kind of crime.

However, in light of the background leading up to the indecent act and the details and degree of the prosecution, etc., the crime of this case is not good, the victim failed to agree with the victim and the victim wanted to punish the defendant, and there are records of punishment (amount of punishment, suspension of execution, and punishment) several times due to the crime of this case.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. Thus, the defendant's appeal is without merit.

유사 판례

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