(영문) 대구고등법원 2016.05.12 2015노529 | 리걸엔진

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크기(pt)

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줄 간격

자간(%)

(영문) 대구고등법원 2016.05.12 2015노529

강간상해등

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for five years;

3. Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. The physical and mental loss or the person who was requested to attach an attachment order and the person who was requested to do so (hereinafter “Defendant”) had the alcohol addiction symptoms at the time of committing the instant crime, as well as the ability to discern things under the influence of alcohol or make decisions.

B. The sentence of the lower court’s unfair sentencing (seven years of imprisonment) is too unreasonable.

(c)

The lower court that ordered the Defendant to attach an electronic tracking device for ten years against the part of the attachment order to the Defendant is unjust.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the part of the case of the defendant, and by the mental appraisal certificate of the head of the treatment and custody center upon the commission of the mental appraisal of the court of this case, the defendant is deemed to have been under the influence of alcohol at the time of committing the crime of this case, which lacks the ability to discern things or

① The Defendant seems to have a habit that the Defendant continues to drink and eventually lost her gender, even after having taken place, on the level of two parallels in Pyeongtaek.

(2) The Defendant has received hospital treatment due to alcohol dependence, etc. since 2009.

③ The Defendant continued to drink alcohol during the course of committing the instant crime, in particular, appears to have drinking 10 or more times a week immediately before committing the instant crime, including drinking 2 sicks on April 24, 2015, which was on the day of the instant crime.

④ Since the Defendant met with the victim, the Defendant is aware of only the situation of tension with one another with his own house, and most of the circumstances, including the instant crime, including the instant crime, do not memory.

was stated.

⑤ In this Court, K’s emotional appraiser who has given a mental appraisal to the Defendant diagnosis of the Defendant’s mental symptoms as “the degree of alcohol respect” and the Defendant’s mental proof.

유사 판례

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