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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2015.02.05 2014노3399
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor's request with respect to a prosecuted case and the case claiming an attachment order. Accordingly, since only the defendant appealed to the part of the defendant's case, the part of the judgment below regarding the case claiming an attachment order among the judgment below is determined and excluded from the scope of the judgment of this court

2. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a mental and physical state due to the “slicker’s depression, mixed anxiety, and depression disorder, etc.”

Nevertheless, the court below did not apply Article 10 of the Criminal Act to this point.

B. The sentence imposed by the court below on the defendant (three years and six months of imprisonment) is too unreasonable.

C. The criminal defendant who was in violation of an order to disclose personal information does not pose a risk to repeat sexual crimes.

Nevertheless, it is unfair that the defendant's personal information is disclosed.

3. Determination

A. According to the records as to the assertion of mental disorder, it can be acknowledged that the defendant complained of the "opportune, uneasiness, physical disorder, and mental disorder" and received three times medical treatment from August 8, 2003 to the 25th day of the same month, and then received medical treatment only due to simple pain. However, the crime of this case was committed at the time of ten years and ten months from the time when the defendant complained of the above symptoms and received medical treatment. Thus, it is difficult to view that there was the above symptoms of the defendant at the time of the crime of this case.

In addition, in light of the background and content of the instant crime, method of the crime, and the Defendant’s behavior and attitude revealed before and after the instant crime, it cannot be deemed that the Defendant was in a state that the Defendant did not have or lacks the ability to discern things or make decisions due to the illness at the time of the instant crime.

Therefore, the defendant's mental disorder is without merit.

B. The assertion of unfair sentencing.

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