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(영문) 서울고등법원 2017.10.24 2017노2453
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The mental and physical weak defendant expressed that, as a result of the mental appraisal conducted by the court below, unstable emotions and dynamic aggressive aspects as a result of the mental disorder of the Do, are similar to the character characteristics. However, even if the disease of the defendant's household was caused by the nature characteristics, the defendant has no record of crime so far, the symptoms have not been improved even if the defendant received treatment for several years, and the defendant committed each of the crimes of this case between the physical and mental disorder of the defendant's personality disorder and the physical and mental disorder of the defendant committed each of the crimes of this case during the physical and mental disorder.

It is reasonable to view it.

Therefore, at the time of committing the instant crime, the Defendant was physically and mentally weak due to intellectual disability and self-defluence.

B. The punishment sentenced by the court below to the defendant (the imprisonment of two years and six months and forty hours and the order to complete a sexual assault treatment program) is too unreasonable.

(c)

Although there is a special reason not to disclose or disclose the personal information of the defendant who was improper to issue an order to disclose the personal information, it is unfair that the court below ordered the defendant to disclose and notify the personal information of the defendant for a period of five years

2. Determination

A. Determination on the assertion of mental or physical weakness as stipulated in Article 10 of the Criminal Act is a biological element, which requires that mental disorder, such as mental illness or abnormal mental condition, is lacking or reduced in the ability to discern things due to such psychological disorder, and thus, even if a person with mental disorder is a person with mental disorder, he/she cannot be deemed a mental or physical disorder if he/she had normal ability to discern things or control action (see Supreme Court Decision 2006Do790, Feb. 8, 2007, etc.). Meanwhile, the phenomenon that a crime was committed because he/she failed to suppress his/her impulse, thereby preventing him/her.

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