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(영문) 서울고등법원 (춘천) 2019.02.13 2018노175
준강제추행
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) related to the Defendant’s case, and the Defendant was physically handicapped at the time of committing each of the instant crimes, and was in the state of mental disorder or mental disability.

B) The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable and unfair. 2) The Defendant involved in the case of requesting an attachment order does not pose a risk of repeating a crime, and the attachment order of an electronic tracking device is unreasonable.

B. The prosecutor (the Defendant case’s sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. Defendant case 1) In light of the following: (a) the degree of drinking of the Defendant, the process and method of the crime, the method of the crime, and the fact that the Defendant had been aware of the crime, which was found by the evidence duly adopted and examined by the lower court related to mental and physical disorder, and the Defendant escaped from the first place by dumping the Defendant’s hand at the time of the crime; and (b) the Defendant was not informed of the influence of alcohol at an investigative agency; and (c) the Defendant was uncomponing the female woman’s part; (d) the other party was frighting to wear clothes; and (e) the other party went back to the sobry within the sobry to adjust air condition temperature; and (e) the circumstance of the instant case, which appears to be favorable to himself, including the fact that the Defendant stated in his hand, including the fact that the Defendant was unable to distinguish things at the time of each crime, or lacks the ability to make a decision. Therefore, this part of the Defendant’s assertion is without merit.

However, each of the crimes of this case was committed by the Defendant through making soup by taking advantage of the fact that the Defendant works as a soup manager, and committed soup and bucks and tum, etc. of the customers, thereby committing indecent acts, which are bad in nature, and the Defendant committed two times.

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