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(영문) 서울고등법원 2013.10.24 2013노2692
강간치상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have any intention to rape the Victim F.

B. At the time of each of the instant crimes, the Defendant was in a state of weak ability to discern things or make decisions due to stimulative disorder.

C. Considering the circumstances on the Defendant’s unfair sentencing, the sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In the judgment of the court below, the defendant argued to the same effect as this part of the grounds for appeal, and the court below rejected the defendant's assertion in light of the following circumstances under the title "the judgment on the defendant's and his defense counsel's assertion", since the defendant's intent to rape the victim F with the intent to recognize the fact that the defendant has exercised the same tangible power as the facts charged, it is just in comparison with the records, and there is no error of law that affected the conclusion of the judgment by misconception of facts.

Therefore, the defendant's assertion of mistake is without merit.

B. According to the records of mental and physical disability, even though the defendant was suffering from stimulative disorder at the time of each of the crimes in this case, it does not seem that the defendant had the ability to discern things or make decisions in light of the circumstances of each of the crimes in this case, the method and content of the crimes in this case, the defendant's behavior and attitude before and after the crimes in this case, etc.

Therefore, the defendant's argument of mental disability is without merit.

C. The Defendant has no record of punishment for a sex offense before the instant crime, and there is no record of crime except that sentenced to a fine once for an injury in 2012, and even if the Defendant did not reach the degree of mental disability, he/she shall have a normal ability to make a judgment due to a stimulative disorder of the gravity of the gravity of symptoms.

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