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(영문) 서울남부지방법원 2014.10.02 2014노293
강제추행등
Text

All appeals by the defendant are dismissed.

Reasons

Summary of Grounds for Appeal

A. Summary of the grounds for appeal against the first instance court’s first instance court’s punishment of KRW 3 million (fine of KRW 3 million) is too unreasonable.

B. A summary of the grounds for appeal against the second instance: (1) Each crime in the judgment of the second instance is committed in a state of mental disorder or mental disorder.

(2) Unreasonable sentencing: The imprisonment of the second instance court (eight months of imprisonment) is too unreasonable.

Judgment

Two original judgments are consolidated in the trial, but each of the fines and imprisonment is sentenced.

The grounds for appeal against each judgment are divided.

A. Examining the judgment of the first instance court by comparing the sentencing conditions as shown in the instant records and arguments, and the reasons for sentencing of the first instance court judgment, the first instance court’s sentence is too unreasonable.

B. (1) According to the record of the judgment of the second instance court’s determination on the assertion of mental disorder, it is not deemed that the defendant was in a state of mental disorder or mental disorder at the time of each crime in the second instance judgment, in view of the defendant’s attitude and content in the investigation agency and court, the motive and circumstance of the crime in this case, the means and method of the crime in this case, and the circumstances before and after the crime.

Therefore, we cannot accept this part of the defendant's mental disorder.

(2) Examining the instant judgment on the assertion of unreasonable sentencing, comparing the sentencing conditions and the reasons for sentencing the judgment of the second instance court as indicated in the instant records and arguments, the second instance court’s punishment is too unreasonable.

In conclusion, since all appeals by the defendant are without merit, they are all dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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