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(영문) 서울고등법원 2014.10.17 2014노2223
아동ㆍ청소년의성보호에관한법률위반(강간등치상)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant was under the influence of alcohol at the time of the instant case and was in weak mental and physical condition, the lower court did not accept the Defendant’s claim for mental and physical disability.

B. The sentence imposed by the lower court (three years and six months of imprisonment) is too unreasonable.

C. It is unreasonable for the lower court to order the Defendant to disclose and notify the disclosure and notification for each of five years.

2. Determination

A. The judgment of the court below also asserted the same purport as the above reasons for appeal, and the court below rejected the claim in its judgment that "In light of the background or content of the crime of this case, the defendant's behavior and attitude before and after the crime of this case, etc., the defendant does not seem to have reached a state where he is under the influence of alcohol at the time of the crime of this case, and thus lacks the ability to discern things or make decisions." The judgment of the court below is consistent with evidence, and it is just and acceptable.

In addition, Article 19 of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that "When a sexual crime against a child or juvenile was committed in a state of mental or physical disability due to drinking, Article 10 (2) of the Criminal Act may not apply." Even if the defendant was under the influence of alcohol as alleged by the defendant, he/she was in

Even in light of the background and content of the instant crime, circumstances before and after the instant crime, etc., it seems reasonable to not reduce mental and physical disability, and in such respect, the Defendant’s assertion of mental and physical disability cannot be accepted.

Therefore, the defendant's argument of mental disability is not accepted.

B. The Defendant’s confession of a crime and reflects on the assertion of unfair sentencing, and the fact that the Defendant has no record of criminal punishment is favorable to the Defendant.

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