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(영문) 부산고등법원 (창원) 2016.11.02 2016노220
강간치상
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant was in a state of mental disability caused by alcohol addiction at the time of the instant crime, punishment should be mitigated.

B. The sentence imposed by the lower court on the Defendant (two years of imprisonment, 80 hours of order, and 7 years of disclosure of disclosed information) is too unreasonable.

2. The following circumstances acknowledged by the lower court’s judgment as to the Defendant’s claim of mental disability and the evidence duly admitted and investigated by the trial court and the trial court, namely, 470 days from March 16, 201 to June 28, 201; 260 days from June 29, 201 to March 14, 2012; 267 days from March 16, 2012 to December 7, 2012; 25 days from July 25, 2013 to October 31, 2013; 119 days from the victim’s request for rescue to the effect that “O prepared a community and the Defendant’s mental health and custody center on the day, and made a statement to the effect that the Defendant did not appear to have been under influence at the time of the instant case’s investigation or judgment; 267 days from March 16, 2012 to October 31, 2013.”

1. High-level alcohol use interference;

2. At the time of committing the instant crime: alcohol addiction, “the Defendant” means that the Defendant is unable to properly control the use of alcohol despite the apparent damage to the legal, physical, and professional functions due to continuous and excessive drinking, and is stated as follows: Dr South Korea’s ability to distinguish things at the time of committing the instant crime, but the decision-making ability is reduced due to the difficulty and decline in judgment in impulse control in the state of alcohol addiction, thereby undermining the ability of decision-making capacity. In addition, in light of the background, means and methods of the instant crime, and the Defendant’s behavior before and after the instant crime, etc., the Defendant is capable of making decisions due to alcohol addiction at the time of the instant crime.

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