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(영문) 부산고등법원 2012.10.31 2012노439
성폭력범죄의처벌등에관한특례법위반(절도강간등)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) under the influence of liquor at the time of the instant crime of mental illness, Defendant 1 was in a state of mental disability. 2) The lower court’s sentencing is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. According to the records on the defendant's claim of mental suffering from mental suffering, although the defendant is found to have a drunken fact at the time of the crime of this case, it seems that the defendant lacks the ability to discern things or make decisions. Thus, the above argument of the defendant is without merit.

B. In light of the fact that the Defendant committed the instant crime during the period of repeated crime even though he/she had been sentenced several times to the determination of the allegation of unfair sentencing by the Defendant and the prosecutor, it is necessary to strictly punish the Defendant.

However, taking into account the following circumstances: (a) the Defendant’s mistake is divided; (b) the thief of this case is committed against the attempted attempts; and (c) the Defendant’s age, character and conduct and environment; (d) motive, means and consequence of the commission of the crime; and (e) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (e) the sentence imposed by the Defendant is too heavy

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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