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(영문) 부산지방법원 2021.02.03 2020노3936
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the period of two years from the date this judgment became final and conclusive.

Reasons

Summary of Reasons for appeal

A. The Defendant had mental and physical loss or mental weakness at the time of committing the instant crime.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment, etc.) is too unreasonable.

2. Determination

A. In light of the background, means, and method of the instant crime committed by the evidence duly adopted and examined by the lower court, and the conduct before and after the instant crime, the Defendant had lost or weak ability to discern things or make decisions at the time of the instant crime.

It does not appear.

Therefore, the defendant's mental disorder is not accepted.

B. The instant crime of determining the illegality of sentencing is committed by the Defendant in an emergency room to commit an indecent or indecent act against the nurses. In light of the background and content of the crime, etc., the relevant criminal liability is not easy.

The victims have failed to recover from the damage, and some victims have been punished for the defendant.

However, the Defendant recognized all of the instant crimes.

The degree of indecent act is relatively weak, and some of the crimes were attempted.

There is no long history of punishment for crimes except for a one-time fine due to the crimes of dual crimes.

The health status of defendants is not good.

In addition, considering the defendant's age, environment, family relations, motive of crime, means and result of crime, all of the sentencing conditions shown in the argument of this case, such as the circumstances after the crime, the sentencing of the court below against the defendant is deemed unfair.

The defendant's argument of sentencing is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Grounds for a new judgment】 Facts constituting an offense and summary of evidence recognized by the court, as well as relevant facts.

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