logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (전주) 2018.01.23 2017노200
강간미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s judgment that did not recognize mental and physical weakness despite the physical and mental weakness caused by both polar disorder, intellectual disability, and main behavior at the time of preventing the instant crime was unlawful.

B. The sentence of the lower court (one year and six months of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too unreasonable in view of the fact that part of the thief damage was returned to the victim, that the Defendant’s mistake was recognized, and that the Defendant did not have any history of criminal punishment.

2. Determination

A. The court below stated that the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of mental and physical weakness, i.e., (i) the defendant suffered from stimulative disorder at the time of the crime of this case; (ii) the defendant was presumed to have no symptoms of special stimulative disorder at the time of the crime of this case; (iii) the intellectual ability was assessed at the level of delay at the I Q Q 53, but it seems that it was related to the motive and desire for the prosecutor (the trial record No. 77,79), and (ii) the defendant stated at the police that the prosecutor stated that "the average amount of noise was about four diseases and did not take all at the time of the crime of this case," stating that "the defendant was unable to memory the type of the crime of this case at the time of the crime of this case, but drinking is the same at the time of the crime of this case; and (iii) the defendant was unable to report it to the police at the time of the crime of this case and reported it to the defendant (the defendant's 1).

. does not appear.

arrow