강간미수등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disability or mental disability under the influence of alcohol at the time of committing an attempted rape or a bodily injury resulting from special confinement.
B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment, 40 hours of order) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below, the defendant's assertion of mental disorder or mental retardation is acknowledged to the extent that he had alcohol to some extent before committing the attempted rape and the bodily injury resulting from special confinement.
However, in light of the Defendant’s ordinary drinking volume, the amount of drinking prior to the commission of the crime, the details and methods of the crime, and the circumstances before and after the commission of the crime, the Defendant did not have the ability to discern things or make decisions due to drinking at the time of the commission of the crime
It does not seem to be in a state or weak.
The defendant's ground of appeal on this part is without merit.
B. Determination on the assertion of unfair sentencing is 1) The Defendant appears to have recognized and reflected his mistake. The Defendant has yet to reach the age of majority, and the mother of the Defendant wants to leave the Defendant. In relation to the crime of injury, there are circumstances that may be considered to lead to the crime of injury. These factors are favorable to the Defendant. However, when the Defendant was punished several times due to drinking driving, he was under the influence of alcohol driving, and was under the influence of driving under the influence of alcohol, and was under the influence of driving under the influence of alcohol, and the Defendant was under the influence of driving under the influence of alcohol, and was under the influence of taking the face of the victim D when he was under the influence of the victim’s face. In order to rape the victim B, the Defendant was under the influence of committing rape and was under the influence of threatening the victim B with a deadly weapon.
Injury suffered by the victim D is seven weeks prior to face, and the injury suffered by the victim B is three attentions in the bones, etc.
The degree of injury is very severe, and the injury is inflicted on important parts.
Moreover, the defendant is very close to the defendant.