(영문) 서울고등법원 2013.09.13 2013노1294 | 리걸엔진

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(영문) 서울고등법원 2013.09.13 2013노1294

강제추행상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a mental and physical state due to mental disorder, including alcohol dependence, saliva, and mental fissiona.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. According to the statement of the written mental appraisal of the defendant of the Medical Treatment and Custody Director by the request of the court of mental disorder and mental disorder, the defendant is found to have alcohol dependence, but there is no mental symptoms. It is determined that there was no mental symptoms at the time of the crime of this case, and there was no mental disorder, and thus, there was no ability to discern things or make decisions due to alcohol dependence, salutism or mental disorder at the time of the crime of this case.

Therefore, this part of the defendant's assertion is without merit.

B. The crime of the crime of the case of the case of the inappropriate sentencing is not recognized to be unfair, considering the following as a whole: (a) the defendant has sexual intercourse by force of the victim who is a juvenile, forcedly put the victim's sexual organ into the victim's entrance, and forced the victim to prompt the victim's sexual organ; (b) the victim's sexual organ was detained so that the victim may not leave the room; (c) the victim did not appear to have suffered a large shock and pain; (d) the victim and the mother of the victim did not appear to have suffered any harm or harm; (e) the victim strongly wanted the punishment of the defendant; (e) the defendant has the records of the same crime; and (g) other all the sentencing conditions specified in the argument of the case, including age, character and behavior, family environment, motive and circumstance of the crime, and the circumstances before and after the crime, etc.,

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

참조조문

-형사소송법 제364조 제4항

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