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(영문) 수원지방법원 2016.08.18 2016노1590
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant and his defense counsel

A. The Defendant of mental or physical disorder, even though he was unable to have suffered mental or physical loss or mental weakness due to symptoms of shock disorder at the time of committing the instant crime, the lower court erred by misapprehending the above.

B. In light of the following: (a) the imposition of sentence is recognized by the illegal criminal defendant; (b) the fact that the criminal defendant was found to be wrong; (c) the offender retired from the workplace that has been working for 15 years in the instant case; (d) the victim expressed his/her intent not to be punished; and (e) the decision that sentenced the Defendant to imprisonment with prison labor becomes final and conclusive, the suspended sentence of imprisonment with prison labor, which was sentenced prior to the instant crime, is invalidated; and (e) it is difficult to maintain the existing treatment effect; and (e) support the aged parents who are not good in the Defendant’s health condition; and (e) the lower court’s sentence that issued orders to complete sexual assault treatment programs for 4 months and 80 hours in prison is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court as to the assertion of mental and physical disorder, in particular, the statement of doctor I’s opinion, the background, means and methods of the instant crime, the Defendant’s behavior before and after the instant crime, and the circumstances after the instant crime, etc., it may be recognized that the Defendant had symptoms of unknown habits, impulse disorder, adaptation disorder, and the arrival symptoms at the time of the instant crime, but there was lack of ability to discern things or make decisions.

shall not be deemed to exist.

Therefore, the lower court, which did not apply Article 10(2) of the Criminal Act, erred by violating the statutes on the grounds for statutory exemption from liability, thereby affecting the conclusion of the judgment.

Therefore, the above argument cannot be accepted.

B. The Defendant committed the instant crime with regard to the wrongful argument of sentencing.

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