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(영문) 서울남부지방법원 2014.12.18 2014노1031
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding: The defendant has not committed a crime stated in the facts charged.

B. Mental disorder: The Defendant was in a state of mental disorder under the influence of alcohol at the time of the instant case.

C. Unreasonable sentencing: The sentence of the lower court (the fine of three million won, the order to complete the program) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court and the first instance court as to the assertion of mistake of facts, the facts charged in the instant case is found guilty.

Therefore, the defendant's above assertion is without merit.

B. In full view of the circumstances revealed in the record and pleading of the instant case’s argument about mental disorder, it is recognized that the Defendant was under the influence of alcohol at the time of committing the instant crime, but did not have the ability to discern things or make decisions due to such fact in light of the mode, method, etc. of the instant crime.

did not appear to have existed in or weak condition.

C. Examining the instant judgment on the assertion of unfair sentencing and the reasons for sentencing on the judgment of the court below, compared with the sentencing conditions indicated in the instant case’s records and arguments, the lower court’s sentence is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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