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(영문) 광주고등법원 2016.09.22 2016노258
강제추행등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) were found to lack the ability or decision-making ability to discern things due to symptoms of alcohol existence and alcohol alcohol, and drinking, and ② The sentence imposed on the Defendant by the original trial (a imprisonment of one year and six months, a disclosure and notification order three years, an order to attach an electronic tracking device, and an order to attach an electronic device) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination on the defendant's case

A. The lower court rejected the Defendant’s assertion on the Defendant’s assertion on the Defendant’s mental and physical weakness, on the same purport as the grounds for appeal in this part, on the ground that “the Defendant was in a state of mental and physical weakness by drinking at the time of the instant crime.”

Examining the evidence duly adopted and examined by the court below, a thorough examination of the evidence reveals that even considering the circumstances such as that the defendant suffers from alcohol-related pain and continuous drinking during the period of the instant case, the defendant was in a weak state of ability to distinguish things or make decisions.

The above judgment of the court below that it is difficult to see is just and acceptable, and this part of the defendant's assertion is without merit.

B. The instant crime of determining the illegality of sentencing by both parties is an indecent act committed by the Defendant on two occasions in a public place within a short time, and as a result, arresting the victimized women on two occasions, the crime is not likely to be a crime of inflicting bodily injury on police officers and obstructing the performance of official duties.

Nevertheless, the Defendant did not take any measures to recover damage against the victims.

In addition, the defendant has already committed sexual assault over several times.

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