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(영문) 서울중앙지방법원 2017.07.07 2017노1468
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weak condition under the influence of alcohol at the time of committing the instant crime.

B. The punishment of the lower court is too heavy.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant seems to have diced at the time of the crime of this case. However, in light of various circumstances such as the background, means, and the defendant's behavior before and after the crime of this case, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime.

B. As to the argument of the chief of the sentencing department, the lower court’s sentencing is not recognized to be unfair in light of the circumstances and the conditions of sentencing indicated in the pertinent statutory provisions and the selective items of punishment as to criminal facts and the records.

3. The defendant's appeal is dismissed.

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