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(영문) 대전고등법원 (청주) 2014.10.16 2014노141
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) Defendant A’s punishment (Completion of a sexual assault treatment program with imprisonment of three years and forty hours) is too unreasonable. (2) At the time of committing the crime of violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapon, etc.) claiming mental disability of this case, the Defendant was in the state of mental and physical disability with excessive drinking in a state where the Defendant did not take a drug against excessive behavioral disorder. (b) The lower court’s punishment (three years of imprisonment and two years of short-term imprisonment) claiming unfair sentencing is too unreasonable.

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

2. Determination:

A. In light of all the circumstances such as the crime of violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), even though the defendant was found to have a drinking condition at the time of committing the crime of violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), the defendant's mental retardation, the state of attention and excessive behavioral disorder was found, and the defendant was suffering from the illness of the crime of violation of the Punishment of Violences, etc. (a collective injury with a deadly weapon, etc.), and the contents of the defendant's statement concerning the crime of violation of the Punishment of Violences, etc. (a collective injury with a deadly weapon, etc.), it does not seem that the defendant had a weak state of ability to distinguish

This part of the grounds for appeal is without merit.

B. In light of the unfavorable circumstances such as the fact that the Defendant’s argument on the assertion of unfair sentencing is a crime during the period of suspension of execution, and that the Defendant, among the Defendant and his accomplices, led the instant crime and led the accomplices to the instant crime, even though they appear to have led to the instant crime, etc., the Defendant’s favorable circumstances, such as the fact that the Defendant agreed with the victim simply with the victim, and the age, character and conduct, environment, circumstances, means and consequence of the instant crime.

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