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(영문) 서울서부지방법원 2013.09.26 2013노692
강제추행
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

At the time of the crime of this case, the Defendant was under the influence of alcohol and had weak ability to discern things and make decisions.

The punishment (fine 2 million won) imposed by the court below on the defendant is too unreasonable.

Judgment

According to the records of this case as to the claim of mental disability, even though the defendant was in a drunken state at the time of the crime of this case, in light of various circumstances, such as the background, means, and behaviors before and after the crime of this case, it cannot be seen that the defendant had a weak state of the ability to discern things or make decisions at the time of the crime of this case. Thus, the defendant's claim of mental disability

In full view of the following: (a) the Defendant made a confession of the instant crime; (b) the Defendant is deemed to have no record of committing the instant crime; (c) even though it is recognized that the Defendant had no record of committing the instant crime, the instant crime is an intentional indecent act by the Defendant on his part; (d) the nature of the relevant crime is heavy; and (e) the victim appears to have obtained considerable mental impulse; and (e) the victim was unable to reach an agreement with the victim up to the trial; and (e) the Defendant’s age, occupation, and other records and arguments of the instant case; and (e) the Supreme Court sentencing guidelines (type 1 (the object of the crime of indecent act by force (the general indecent act by force), type 1 (the term of 13 years or more); and (e) the Defendant’s punishment against the Defendant is too unreasonable. Therefore, the Defendant’s assertion of unfair sentencing is without merit

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

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