성폭력범죄의처벌등에관한특례법위반(강간등상해)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. It is unreasonable for the lower court to have determined that the Defendant, at the time of committing the instant crime, was in a state of mental and physical weakness that was unable to make a normal judgment due to friendly fluority toward her mother, fluorian labor, depression, etc., but did not reduce the physical and mental weakness.
B. The sentence of the lower court (the completion of a sexual assault treatment program for 5 years and 80 hours) is too unreasonable considering the following: (a) the Defendant’s error in sentencing is against one’s own mistake; (b) the rape was committed against the attempted rape; (c) the Defendant was agreed with the victim; and (d) the Defendant was a primary offender.
2. Determination
A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mental and physical weakness, the defendant received a mental diagnosis once every time from July 2014 to June 2015, and the defendant received a mental diagnosis four times every time due to an influence from July 2014 to June 2015, but it does not seem that "the defendant seems to have been in a relatively normal state and was in a similar state at the time of committing the crime" although he/she is recognized as having received a mental diagnosis of a unique mental disorder, in light of the result of the mental diagnosis by the court of this case, the background and method of the crime, the method and method of the crime, the defendant's attitude and behavior before and after the crime, and the circumstances after the crime, etc., it does not appear that the defendant had an ability to discern things or make decisions at the time of the crime of this case.
Therefore, we cannot accept the defendant's above assertion.
B. The instant crime of determining the illegality of sentencing is an injury to the victim, such as the physical form, the mouth, and the mouth, where the victim, who tried to commit rape, by taking the part of the victim by force from the part of the victim, after the victim, who was the mother of the mother, was trying to commit rape. In the process, the victim, who escaped from the mind of the victim, was forced to commit the crime of this case.