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(영문) 대구지방법원 2017.02.15 2016노5673
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was physically and mentally deprived or physically weak due to mental problems.

B. The sentence sentenced by the lower court (ten months of imprisonment, 40 hours of order to complete the course) is too unreasonable.

2. Determination

A. In light of the background of the crime, the means and method of the crime, the Defendant’s attitude and behavior before and after the crime, and the circumstances after the crime, etc. revealed by the records of this case as to the assertion of mental and physical disorder, it does not appear that the Defendant did not change things at the time of the crime of this case and did not have reached a state where the ability to discern things or make decisions was lost or weak. Thus, the Defendant’s mental

B. The judgment of the court below on the unjust assertion of sentencing is recognized that the defendant denies all other compulsory indecent acts, quasi-voluntary indecent acts, and the refusal to leave the place other than the crime of damaging public goods, but all of the charges are recognized as being in the first instance, and there is no criminal conviction exceeding the fine, and the defendant is not guilty. Meanwhile, the crime of each of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the of the case, but the defendant did not agree with the of the of the of the of the of the of the of the of the of the of the of the of

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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