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(영문) 광주고등법원 2015.04.16 2015노66
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant was unable to receive appropriate treatment despite a mental disorder, such as a symptoms of alcohol use, a detailed stimulative disorder, etc., and was under the influence of alcohol at the time of committing the instant indecent act by compulsion, etc., and thus, the Defendant lacks the ability to discern things at the time of each of the instant crimes.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of judgment on the claim of mental disorder, prior to each of the crimes in this case, the Defendant was diagnosed as a obscisatory senscise group for alcohol use and a scise dynamic disorder, etc., and deemed to have been in a state of drinking to some extent at the time of each of the crimes in this case.

However, in full view of the circumstances leading up to each of the instant crimes, method, Defendant’s behavior before and after the instant crimes, and court attitude, it does not seem that the Defendant had weak ability to discern things or make decisions due to the same reasons as the reasons for appeal at the time of each of the instant crimes.

Therefore, this part of the defendant's argument is without merit.

B. The circumstances are favorable to the defendant, such as the following: (a) the marer, etc. of a woman’s mar for ten (10) days after the marth of the mar’s house, which was difficult for the defendant to determine the allegation of unfair sentencing, caused the Defendant to commit each of the instant crimes; (b) the economic damage scale is not significant; (c) indecent acts by compulsion, etc. by compulsion, etc., of which the victims did not suffer special physical harm or exercise physical power; and (d) there was no history of punishment for sexual crimes until the transfer of the instant case.

However, the defendant has been punished several times due to frauds, etc., and in particular, on June 19, 2014, two years of suspended execution was sentenced to imprisonment for six months due to frauds, etc., each of the instant cases is limited to one to two months.

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