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(영문) 서울중앙지방법원 2019.06.07 2018노2038
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, which lacks the ability to discern things and make decisions.

B. The sentence imposed by the court below on the defendant (one year of imprisonment, two years of probation, 40 hours of alcohol treatment order, 40 hours of attendance order, 120 hours of sexual assault treatment order, 120 hours of community service order) is too unreasonable.

2. Determination

A. According to the record of the determination of the claim of mental disability, it is deemed that the Defendant was drunk at the time of the instant crime, but, on the other hand, there is no history of treating the Defendant due to alcohol dependence and mental illness in the past, and the Defendant relatively specific memory and stated about the background of the crime at the time of investigation by the investigative agency, it does not lead to the crime under the state of weak ability to distinguish things and make decisions

The defendant's argument of mental disability is without merit.

B. The Defendant appears to have committed the instant crime in a contingent manner under the influence of alcohol, and appears to have an attitude of reflection, such as receiving psychological counseling at the time of ordering the instant crime.

그러나 피고인은 피해자 E, M과 합의하지 못하였고, 특히 만삭의 몸으로 남편과 시댁 식구들 앞에서 추행을 당한 피해자 E의 정신적 고통이 클 것으로 보인다.

The Defendant again committed a crime of interference with and insult of business of this case while being investigated due to the crime of indecent act by compulsion.

The defendant has the same previous department at least 20 times.

Comprehensively taking account of the above circumstances, the lower court’s punishment is not unfair because it is too appropriate and too low.

Defendant’s assertion is without merit.

3. According to Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), the former Act on the Protection of Children and Juveniles against Sexual Abuse, which was enforced on July 17, 2018, shall be deemed to have been enforced on March 13, 2018.

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