(영문) 대구지방법원 2020.06.05 2020노1005 | 리걸엔진

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Reasons

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(영문) 대구지방법원 2020.06.05 2020노1005

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disability due to stimulative disorder, etc.

B. The sentence imposed by the lower court on the Defendant (one year of imprisonment, order to complete a program, and order to restrict employment) is too unreasonable.

2. Determination

A. According to the record of the judgment on the claim of mental disability, it is recognized that the Defendant appears to have received a long-term medical treatment at a hospital due to stimulative disorder for a long time in 2006 (Evidence No. 56,71 pages, etc.). However, in light of the content that the Defendant stated in the police regarding the instant crime (Evidence No. 47 pages), the Defendant appears to have committed multiple frauds or frauds by using computers, etc. before and after the instant crime (Evidence No. 100 pages), and the circumstance leading to the instant crime, the means and method of the instant crime, and the circumstances after the instant crime, etc., it is not recognized that the Defendant had the ability to discern things or make decisions due to stimulative disorder at the time of the instant crime. Therefore, this part of the Defendant’s assertion is without merit.

B. The lower court rendered a sentence against the Defendant on the assertion of unfair sentencing, comprehensively taking into account the circumstances favorable to the Defendant, such as the reasons for sentencing in its judgment (the fact that the Defendant was at the time of committing a crime, the Defendant was receiving a long-term medical treatment at a mental hospital due to a bipolar disorder, and the level 3 mental vulnerability, such as mental disorder, seems to have a negative impact on the crime) and unfavorable circumstances (the fact that the victim was unable to obtain a license from the victim, the victim was actively seeking a punishment, and the Defendant committed the instant crime during the period of repeated offense due to the same kind of crime, etc.) and there is no special change in circumstances that could change the sentence of the lower court after the

Furthermore, the part of the indecent act;

유사 판례

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