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(영문) 부산고등법원 2020.11.11 2020노251
성폭력범죄의처벌등에관한특례법위반(특수강도유사강간)등
Text

The judgment below

The part of the probation order case shall be reversed.

Any person against whom a probation order is requested shall be punished.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person requesting a probation order (hereinafter “Defendant”) were unable or weak to discern things or make decisions at the time of committing the crime under the influence of alcohol and alcohol, with the spirit of 4 to 5 days immediately before committing the crime at one time, and even a large amount of alcoholic beverages not exceeding one year. 2) The sentence of unfair sentencing is too unreasonable.

B. Prosecutor 1) Unreasonable sentencing decision of the Defendant case: The sentence of the lower court is too unjustifiable and unreasonable. 2) In full view of the fact that the Defendant filed a report to the victim E (alias) in the case of probation order and the fact that the Defendant’s act of carrying a deadly weapon by the Defendant is not only necessary to take the minimum probation measures to protect the victim, but also the risk of recidivism is high.

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

A. According to the record as to the Defendant’s mental and physical disorder, the following facts are acknowledged: (a) the Defendant prescribed and discharged 21 day’s spirit and her part at the M Hospital that was hospitalized near the 10:0 a.m. on the day of the commission of the crime; (b) the Defendant: (c) recognized that the Defendant was dead at the Mart, which was the scene of the crime; and (d) recognized that the Defendant was suffering from mental illness, such as yellow disorder and alcohol ozone; and (c) according to the result of the mental diagnosis of the trial, the Defendant suffers from suffering from mental illness, such as opical disorder; and (d) caused alrazogle, which is an anti-seaban, when the Defendant diversd together with alcohol.

However, in full view of the following facts recognized by the lower court and the lower court’s duly admitted and investigated evidence, the background leading to the commission of the crime, the means and method of the crime, and the circumstances after the crime, the Defendant’s decision to distinguish things under the influence of the mind and alcohol at the time of the crime.

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