(영문) 의정부지방법원 2017.12.04 2017노2788

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Reasons

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크기(pt)

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자간(%)

(영문) 의정부지방법원 2017.12.04 2017노2788

강제추행

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was suffering from mental and physical illness at the time of committing the instant crime, and was in a state of mental and physical weakness.

B. The sentence of the lower court’s unfair sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mental and physical weakness, the defendant is deemed to have been physically disabled persons of Grade III, and the mentally and physically ill, but the defendant was deemed to have a weak mental disease. In light of various circumstances, such as the background leading to the instant crime, the method and method of the crime, the defendant's behavior before and after the crime, and the circumstances after the crime, etc., the defendant had a weak ability to discern things or make decisions at the time of the instant crime.

subsection (b) of this section.

B. The fact that the defendant had a record of punishment for the same offense is disadvantageous to the defendant.

However, in full view of the following factors: (a) the Defendant recognized the entire crime; (b) there was no record of the crime since 2007; (c) there was no record of the crime committed with the victim; (d) there was agreement with the victim; (b) the victim’s speech during the commission of the instant crime was immediately suspended; (c) mental disability of class 3 is being treated with a mental and physical disease; (d) there is a child to be supported; (e) there is a child to be supported; and (e) there is a person wishing to support; and (g) other various conditions of sentencing as shown in the records, such as the background leading up to the instant crime; (d) the circumstances leading up to the instant crime; (e) the Defendant’s age, sexual behavior; and (e) the Defendant’s age, environment;

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the evidence and facts constituting the crime recognized by the court and the summary of the evidence.

유사 판례

-서울남부지방법원 2017.08.11 2017노604

-광주지방법원 2016.08.30 2016노1303

-수원지방법원 2017.01.12 2016노8029

-의정부지방법원 2017.11.13 2017노2499

-광주지방법원 2016.03.22 2015노3491