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(영문) 서울중앙지방법원 2015.05.22 2014노4901
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim as stated in the lower judgment.

B. At the time of the instant case, the Defendant was suffering from both dynamic and mental disorder at the time, and was under the influence of alcohol, and was in the state of mental disorder or mental disorder.

C. The sentence of the lower court on unreasonable sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, especially the credibility of the evidence, D that can be recognized, and the statements by the victim's investigative agency and the court of the court below, the defendant can sufficiently recognize the fact that he committed an indecent act against the victim as stated in the judgment of the court below.

Therefore, Defendant’s assertion is without merit.

B. In full view of the means and methods of the instant crime, the Defendant’s attitude and words before and after the instant crime, and the circumstances after the instant crime, which are acknowledged based on the evidence in the records of mental and physical disorder, it is recognized that the Defendant was suffering from a certain mental disease at the time of the instant crime, but the Defendant did not have the ability to discern things or make decisions.

It does not seem to have reached a state of or weakness.

Therefore, Defendant’s assertion is without merit.

C. The defendant has no record of being punished for the same offense.

However, it is difficult to see that the defendant's mistake was divided into a serious mind, and he did not receive a letter from the victim.

In addition, in full view of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, criminal records, and circumstances after the commission of the crime, the lower court’s punishment is too unreasonable as it is too unreasonable.

Therefore, Defendant’s assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit

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