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(영문) 서울고등법원 2018.11.30 2018노2717
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, with chronic alcohol addiction, was under the influence of alcohol at the time of the instant crime, and had no or weak ability to discern things or make decisions.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

(c)

It is unfair that the court below's improper order to restrict employment to juvenile-related institutions, etc. for three years.

2. Determination:

A. According to the record of the instant case’s assertion of mental and physical disorder, even though the Defendant suffered from chronic alcohol addiction at the time of the instant crime, it is deemed that the Defendant had no or weak ability to discern things or make decisions, in light of the background and content of the instant crime, the Defendant’s behavior and attitude before and after the instant crime, etc.

It does not seem that it does not appear.

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

B. The court below's unfair assertion of sentencing: (a) the defendant, even before the crime of this case, went to the house of the victim who was living together with his father and son, who is a person with intellectual disability, by drinking alcohol before the crime of this case; and (b) the defendant and the victim, who is a neighbor, have brought about the crime of this case, caused the occurrence of the crime of this case without permission; and (c) the defendant and the victim, who are still suffering from heavy mental shock due to the crime of this case, still complaining of difficulties to face with the defendant living in the same village; (d) the defendant shows an attitude against the defendant by recognizing the crime of this case; (c) there was no record of punishment before the crime of this case; and (d) the types of the crimes of this case are significantly weak; (c) the defendant's age and character, family relationship, motive and means of the crime of this case; and (e) various conditions of sentencing as shown in the records and arguments of this case, such as the records and arguments.

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