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(영문) 서울고등법원 2015.04.16 2015노252
미성년자의제강간치상
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A mentally ill-minded defendant was drunk at the time of committing the instant crime and was in a state of mental disability.

The punishment sentenced by the court below of unfair sentencing (five years of imprisonment) is too unreasonable.

The registration of personal information of the defendant per personal information registry is unfair.

Judgment

According to the records on the assertion of mental disorder, even though the defendant was in a state of drinking alcohol at the time of the crime of this case, it is recognized that the defendant was in a state of drinking alcohol at the time of the crime of this case, the background and method leading up to the crime of this case, the horse and behavior of the defendant before and after the crime of this case, and the defendant's investigative agency's statement to the effect that "the extent of the second-hand disease was in a state of drinking at the time of the crime of this case." There was no problem in communication less than the usual drinking amount at the time of the crime of this case (the investigation record 36 pages)."

The defendant's argument of mental disability is without merit.

There are favorable circumstances for the defendant, such as that the defendant is the first offender, and the victim's legal representative does not want punishment against the defendant during the trial of the court below.

However, the crime of this case was committed by the defendant, who is a university student of 19 years of age, due to sexual intercourse with the victim of 11 years of age who is a student of 5 years of age who is well-grounded in judgment ability and expression ability. In addition, the victim suffered a large physical and superior suffering from the crime of this case by committing the crime of this case, such as her draft, etc., and was hospitalized in the department of son's spirit for two months and received treatment, and even until now, he/she took medical treatment. After the crime of this case, the director and the transfer were made after the crime of this case, but it was difficult to adapt to the tension school.

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