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(영문) 부산고등법원 (창원) 2018.09.19 2018노135
강제추행상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, should be mitigated from punishment on the ground that he/she was in a mental and physical weak state due to symptoms of stimulative disorder (defluence).

B. The sentence sentenced by the court below to the defendant (two years and six months of imprisonment, 80 hours of order to complete the course) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical weakness, the fact that the Defendant was hospitalized for 10 days due to a 10-day disorder, etc. from around 2016 due to a mental disorder, etc., and that the Defendant received medical opinions that there was excessive, unexploded, dead, or inappropriate symptoms after 3 days from the instant crime is recognized.

However, in light of the background, method and method of the instant crime, the act of the Defendant before and after the instant crime, and the contents of the Defendant’s statement at an investigative agency, etc., the degree of the Defendant’s mental disorder was in a state which lacks the ability to discern things or make decisions.

It does not seem that it does not appear.

In addition, the lower court already sentenced the Defendant to a punishment equivalent to the lowest statutory penalty after reducing the amount by taking account of the above mental symptoms for sentencing grounds.

We do not accept this part of the defendant's assertion.

B. Circumstances favorable to the determination of unfair argument of sentencing – The Defendant recognized and reflected the instant crime.

- The defendant does not want to punish the defendant by making a serious effort to recover damage to the victims.

- there is no record that the defendant has been punished for the same crime.

Unfavorable circumstances - The Defendant forced the victims (24 years of age, 17 years of age) employed by him/her to engage in conduct that could cause extreme sexual humiliation for a considerable time, and suffered bodily injury by priceing head, etc.

Criminal quality and criminality are bad.

- The Defendant’s instant case.

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