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(영문) 서울고등법원 2015.04.24 2015노466
아동ㆍ청소년의성보호에관한법률위반(준강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. When committing the instant crime, the Defendant was in a state of mental disability and drinking with mental disability.

B. The sentence imposed by the lower court is too unreasonable.

2. Determination

A. The judgment of the court below also asserted the same purport as this part of the grounds for appeal, and the court below held that according to the mental appraisal statement submitted by the defendant by the defense counsel, the defendant seems to have committed a crime somewhat dynamicly due to the border personality disorder, etc., however, it is hard to view that the defendant's above character defect is serious enough to be evaluated as equal to the person with mental disorder within the original meaning. In light of all the circumstances, such as the background, means, and the defendant's act before and after the crime of this case, the defendant did not seem to have failed to have the ability to discern things or make decisions due to the border personality disorder at the time of

Even after closely examining the evidence and records legitimately adopted and examined by the court below, it is not recognized that the defendant lacks the ability to discern things or make decisions due to mental disability and drinking at the time of each of the crimes in this case.

Therefore, the above fact-finding by the court below is justified.

B. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the Defendant’s mistake on the assertion of unfair sentencing and considered in depth against his depth; (b) the Defendant voluntarily surrendered immediately after the commission of the crime; and (c) the Defendant was suffering from mental illness due to sexual abuse, etc. received from the ASEAN during the period of his year; and (d) appears to have been the cause of committing the instant crime

The crime of this case is committed by the defendant at a soup on the new wall that only the development of a female sweld with his family members and that of the sweld female swel with his face.

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