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(영문) 서울고등법원 2015.09.15 2015노1963
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In the event of each of the crimes in this case, the mental or physical disability was in the state of mental or physical disability under the influence of alcohol.

The sentence (one year and four months of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

According to the victim D’s legal statement in the lower court, each statement in the police, Defendant’s legal statement, and each investigative agency’s statement, etc. as to the victim’s assertion of mental disorder or mental disorder, it is recognized that the Defendant was somewhat drunk at the time of each of the instant crimes, but, in light of the specific contents, circumstances, etc. of each of the instant crimes, the Defendant was in a state that he/she was unable to make a decision on the ability or intent

It is difficult to see that such ability was a weak state.

Therefore, the defendant's defectiveness or mental disability argument is without merit.

In the first, second, and fifth cases of the judgment of the court below, the defendant's judgment on the assertion of unfair sentencing also recognized crimes of the first, second, and fifth cases of the judgment of the court below, thereby recognizing all of the crimes of this case and against his mistake, and the victims do not want the punishment of the defendant, etc. are favorable to the defendant.

On the other hand, while the defendant had been punished several times due to violence, etc. on October 8, 2014, on the 16th of the same month, the Incheon District Court sentenced two years of suspension of the execution of imprisonment to the violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), which became final and conclusive on October 8, 2014, and did not engage in each of the crimes in this case for a short period, and the victim D, who suffered from injury such as indecent act by compulsion, obstruction of duty, threat, threat, etc., seems to suffer considerable physical and mental pain, etc., are disadvantageous to the defendant.

The above circumstances and the Defendant’s age, character, character, environment, etc.

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