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(영문) 수원지방법원 2015.02.05 2014노2279
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. At the time of the instant crime, the Defendant was in a state of mental disability caused by mental fission;

(b)In addition, mental disorder and the lower court's punishment (two months of imprisonment, two years of suspended execution, two years of probation, and 80 hours of attendance order for sexual assault treatment) against the Defendant is too unreasonable.

(F) Determination; 2. Determination

A. According to the findings of the judgment before the judgment of this court, it is insufficient to recognize that the defendant received a diagnosis that he suffers from a mental disorder on August 201, 201 and received treatment, but only such circumstance alone is insufficient to recognize that the defendant was in a state that he lacks the ability to distinguish things or make decisions due to mental disorder at the time of the crime of this case, and that there is no other evidence to acknowledge this differently, this part of the defendant's assertion is without merit.

B. In light of the fact that the Defendant’s judgment on the assertion of unfair sentencing is an initial offender with no criminal power at all, the health of the Defendant, and the circumstances, method, and result of the indecent act committed by the Defendant favorable to the Defendant, including the fact that the Defendant, a taxi engineer, committed the instant crime in light of the circumstances favorable to the Defendant, and the circumstances, method, and result of the indecent act committed in the course of operating the victim, which is a passenger, the crime of this case was committed by the Defendant, and even if the Defendant was subjected to a disposition not to institute a prosecution on around 2008, he again committed the instant crime, which is the same contents, the possibility of recidivism cannot be ruled out, the possibility of recidivism cannot be ruled out, the Defendant did not agree with the victim, and did not make any effort for the recovery of damage, and all other circumstances constituting the conditions of sentencing in the record

3. In conclusion, 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. It is so decided as per Disposition.

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