logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2013.05.02 2013노11
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The crime of this case with mental disorder was committed in the state of mental disease, such as the defendant's summons, and drinking, and at the time of the crime, the defendant was in the state of mental disorder or mental disability.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, ten million won of fine) is too unreasonable.

2. Determination

A. 1) The judgment of the court below on the assertion of mental disorder 1) The court below rejected the defendant's assertion that the defendant, at the time of the crime of this case, had drinking a considerable amount of alcohol due to alcohol ozone, but it does not seem that the defendant had no or weak ability to discern things or make decisions. 2) In light of the circumstance of the crime of this case and the process of the crime of this case and the defendant's speech and behavior immediately after the crime of this case duly adopted and investigated by the court below, the court below rejected the above argument.

Even if so, the defendant did not have the ability to discern things or make decisions at the time of the crime of this case.

Therefore, the judgment of the court below to the same purport is just and the defendant's allegation in this part is without merit.

B. Some of the crimes on the assertion of unfair sentencing are favorable to the defendant, such as the fact that the defendant committed a contingent act under the influence of alcohol, and that the defendant led to the confession of the crime of this case and reflects the mistake.

However, the crime of this case was committed by the defendant, seeking rape of the defendant, and used violence against many victims, including police officers in the course of performing official duties over several occasions, and the victims want to punish the defendant, and the defendant of this case.

arrow