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(영문) 대구지방법원 2019.01.31 2018노2869
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental disorder or mental disorder.

B. The lower court’s sentencing (the amount of 4 million won of fine, the amount of 400,000 won ordered to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. In light of the background leading up to the instant crime, the means and method thereof, the Defendant’s attitude and behavior before and after the commission of the crime, and the circumstances after the commission of the crime, etc. acknowledged by the evidence examined by the lower court as to the assertion of mental and physical disorder, it cannot be deemed that the Defendant had drinking alcohol at the time of the crime, but it cannot be deemed that the Defendant did not have the ability to discern things or make decisions.

B. In full view of the various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, circumstance, means and consequence of the crime, etc., which are conditions for sentencing, including the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, and the lower court’s sentencing is not unfair, given that there are no special circumstances or changes in circumstances that may change the sentencing after the lower judgment.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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