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(영문) 서울고등법원 2017.06.15 2017노813
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness of drinking alcohol by taking excessive exemption from ingredients via a stroke method.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. In light of the overall circumstances revealed in the pleadings of this case, such as the circumstance leading up to the crime of this case, the behavior of the defendant before and after the crime of this case, and the defendant committed the same crime in around 2006, and the mental appraisal protocol of the defendant with respect to the defendant was "It is presumed that the defendant has no or weak ability to discern things due to taking clothes and drinking of the water at the time of the crime of this case," the mental appraisal protocol of the defendant was "It is presumed that the defendant has no or weak ability to discern things due to taking clothes and drinking of water at the time of the crime of this case."

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

B. It is recognized that the defendant's mistake is partially divided in his/her judgment on the unfair argument of sentencing, and the defendant's consent with the victim G does not want the punishment of the defendant.

However, the crime of this case is an indecent act committed by the defendant by intrusion upon the victim D's residence, by forcing the victim G to commit an indecent act, and the nature of the crime is not good, the defendant did not agree with the victim D up to the trial. The statutory punishment of the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Forced Intrusion on Residence) is imprisonment with prison labor for life or for not less than five years. The court below's choice of imprisonment with prison labor for a limited term of two years and six years, and then reduced the amount of imprisonment with prison labor for a limited term of one year and six months, and other conditions of sentencing as shown in the argument of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are considered.

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