(영문) 서울고등법원 2021.01.21 2020노2022 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 서울고등법원 2021.01.21 2020노2022

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unreasonable.

B. Prosecutor 1) It is unreasonable for the Defendant who was found that he was drunk at the time of each of the instant crimes, but only the reasons cited in the lower judgment, to reduce the physical and mental weakness.

2) The sentencing of the lower court’s improper sentencing is too unfortunate and unreasonable.

2. Determination

A. 1) The lower court held that the Defendant was in a state of lacking the ability to discern things or make decisions under the influence of alcohol at the time of each of the instant crimes.

According to Article 10(2) and Article 10(1) of the Criminal Act, mental and physical weakness have been mitigated.

2) The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the Defendant’s usual amount of 2 soldiers per share at the time of each of the instant crimes, are divided into E, etc. at the time of each of the instant crimes; ② according to the police officer’s investigation report (No. 72 pages of the evidence record) sent to the scene upon receiving the 112 report, the Defendant appears to have been under the influence of alcohol at the time, and the Defendant was under the influence of her view that he was crying and was unable to accurately understand the situation; ③ The Defendant stated at the investigative agency that the Defendant was under the influence of alcohol at the time of the instant crime, and stated to the effect that most of the instant crimes including each of the instant crimes were not memory. ④ In light of the fact that the Defendant was under the influence of alcohol at the time of the instant crime, and that the victim made a statement at the investigative agency to the effect that the Defendant was under the influence of making a decision on each of the instant crimes (Evidence No. 18, page 37, etc.).

The judgment of the court below is justified and acceptable.

Therefore, this part of the prosecutor's argument is without merit.

B. Each of the instant crimes committed by the Defendant and the Prosecutor with respect to the wrongful argument of sentencing.

참조조문

-형법 제10조 제2항

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