(영문) 서울고등법원 2016.01.14 2015노2843 | 리걸엔진

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Reasons

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자간(%)

(영문) 서울고등법원 2016.01.14 2015노2843

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등

Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 and the requester for an attachment order (hereinafter “Defendant”) had weak the ability to discern things or make decisions due to alcohol acute addiction at the time of each of the instant crimes, and such drinking behavior was due to the king of middle and high schools, and did not intend to cause a crime by causing sexual impulses and losing self-defense power, and thus, it cannot be regarded as a free act in the cause. However, the lower court’s exclusion from the application of the provision on mitigation of mental and physical drugs is unreasonable.

2) In light of the circumstances and results of the instant crime, the following: (a) the Defendant’s age, physical and mental weak condition, and the previous suspended sentence becomes invalid and thus the sentence becomes invalidated, the sentence imposed by the lower court (seven years of imprisonment) is too unreasonable.

3) The risk of recidivism by the Defendant’s wrongful assertion of disclosure and notification order is very high compared to the low risk of recidivism by the Defendant. However, it is unreasonable for the lower court to order the Defendant to disclose and notify the personal information of the Defendant for a period of seven years.

4) It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for a location for a period of ten years, despite the fact that the Defendant, who was unjustly asserting the attachment order, shows that he or she would suffer from treatment, and that he or she would be under 20 years of age and have a high possibility of edification.

B. The sentence of the prosecutor (unfair assertion of sentencing) rendered by the lower court is too unfasible and unfair.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, including the Defendant’s written diagnosis and mental appraisal as to the Defendant’s assertion of mental and physical weakness, the Defendant’s alcohol level at the time of each of the instant sexual crimes.

유사 판례

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