(영문) 서울고등법원 2016.05.20 2015노3565 | 리걸엔진

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자간(%)

(영문) 서울고등법원 2016.05.20 2015노3565

성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등

Text

The judgment below

The appeal filed by both the Defendant and the prosecutor on the part of the case is dismissed.

The judgment below

(2).

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person who requested the attachment order (hereinafter “Defendant”) at the time of committing each of the instant crimes, at the time of the Defendant’s and the person who requested the attachment order (hereinafter “Defendant”) had mental and physical weakness due to mental illness and drinking.

B) The sentence of the lower court’s unfair sentencing (three years and six months of imprisonment, and 160 hours of order to complete a sexual assault treatment program) is too unreasonable.

C) Although there are special circumstances under which the disclosure notification order of personal information should not be disclosed to the public, it is unfair for the court below to order the disclosure notification order of personal information.

2) The sentencing sentence of the lower court is too unhued and unfair.

B. Although the part of the request for attachment order (public prosecutor) has a high risk of recommitting a sexual crime, it is improper for the court below to dismiss the request for attachment order of an electronic tracking device.

2. Determination on the part of the case of the defendant

A. The following circumstances acknowledged by the lower court and the evidence adopted and examined by the trial court regarding the Defendant’s mental disorder: (i) although the Defendant had drinking alcohol at the time of each of the instant crimes, it does not appear that the Defendant did not have reached a state where the ability to discern things or make decisions due to drinking or mental disease related thereto was weak; and (ii) the Defendant’s mental diagnosis and custody center affiliated with the medical care and custody center in charge of the Defendant’s mental diagnosis is not satisfied with the standards for diagnosis of alcohol using disorder and is not included in the scope of other mental disorders.

At the time of the crime of this case, the mental condition of the crime of this case is judged to be a temporary compromise pattern due to alcohol return.

In light of the present state of mental illness, there was the ability to discern things or make decisions in daily life even at the time of committing the crime.

The decision is judged.

In light of the fact that “an opinion is presented”, etc.

유사 판례

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