(영문) 광주지방법원 2017.05.10 2016노3462 | 리걸엔진

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(영문) 광주지방법원 2017.05.10 2016노3462

강제추행등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental disorder was under the influence of alcohol at the time of each of the instant crimes, and there was no or weak ability to discern things or make decisions.

2) The sentence of the lower court’s unfair sentencing (an amount of KRW 5 million, and a sexual assault treatment program of KRW 40 hours) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the records on the Defendant’s assertion of mental disorder, even though the Defendant was in a drunken state at the time of each of the instant crimes, in light of various circumstances, such as the background, means, and actions before and after each of the instant crimes, the Defendant was in a state of having no or weak ability to discern things or make decisions at the time of each of the instant crimes.

Therefore, the defendant's mental and physical disability cannot be justified.

B. The Defendant’s determination on the unfair argument of sentencing by the Defendant and the Prosecutor is favorable for the following reasons: (a) the Defendant has committed a confession of each of the instant offenses; and (b) the victim D does not want the Defendant’s punishment.

However, on April 18, 2014, the Defendant was sentenced to three years of probation for the crime of injury, etc. in the Gwangju District Court Branch Branch of the Gwangju District Court, which was sentenced to three years of probation on November 14, 2014, and the judgment became final and conclusive and conclusive on November 14, 2014, and committed each of the instant crimes without being aware of the fact that the Defendant did not agree with the victim E, and the Defendant did not agree with the victim E, taking into account the circumstances of each of the instant crimes, the circumstances after the crime was committed, the Defendant’s environment, etc., as well as the various sentencing conditions indicated in the records and the theory of the instant case, the lower court’s punishment seems to be somewhat unreasonable and unfair.

3. In conclusion, the prosecutor’s appeal is reasonable, and thus, pursuant to Article 364(6) of the Criminal Procedure Act.

유사 판례

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