(영문) 수원지방법원 2019.03.28 2018노8068 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2019.03.28 2018노8068

강제추행등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, at the time of each of the instant crimes, was in a state of mental and physical disability due to a disease, such as a fluority of alcohol, and a fluoral disease, etc., at the time of the instant crimes. 2) The lower court’s sentence against the Defendant of unreasonable sentencing (limited to eight months of imprisonment, 40 hours of orders to complete sexual assault treatment programs,

B. The lower court’s above sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Determination

A. According to the records of this case as to the defendant's claim of mental suffering, it is recognized that the defendant was suffering from disease such as alcohol respect and suplicative disease at the time of committing each of the crimes in this case.

However, in full view of all the circumstances, including the motive and process leading up to each of the instant crimes, the means and method of committing the instant crimes, the Defendant’s act before and after committing the instant crimes, and the Defendant’s attitude and statement immediately after committing the instant crimes, which are revealed by the evidence duly adopted and examined by the lower court, it does not seem that the Defendant did not have the ability to discern things or make decisions due to the foregoing disability at the time of committing the instant crimes.

Therefore, the defendant's argument of mental disability is without merit.

B. Compared to the first instance court’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor, where there is no change in the conditions of sentencing, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the Defendant was sentenced to the suspension of the execution of ten months with labor for special injury in the Suwon District Court’s Ansan Branch on October 12, 2017, and each of the instant crimes was committed during the suspension of the execution period. The Defendant committed an indecent act by taking the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

-대구고등법원 2015.11.19 2015노358

-서울남부지방법원 2013.02.07 2012노2037

-서울고등법원 2015.02.06 2014노3553

-서울고등법원 2016.09.06 2016노1619

-대구지방법원 2013.08.23 2013노1752