성폭력범죄의처벌등에관한특례법위반(특수강간)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The completion of the sexual assault treatment program shall be 40 hours.
1. Summary of grounds for appeal;
A. At the time of committing the crime, the Defendant was under the influence of alcohol and was in a state of mental disability, mental disability, or mental disorder.
B. The lower court’s sentencing (two years of imprisonment, confiscation, disclosure and notification order) is too unreasonable.
2. Determination
A. According to the evidence adopted and examined by the lower court as to the assertion of mental and physical disorder, even though the Defendant was aware of drinking at the time of the instant crime, in view of various circumstances, such as the motive and circumstance of the instant crime, the Defendant’s speech and behavior at the time of the crime, and the circumstances after the crime, etc., the Defendant did not have the ability to discern things or make a decision
Therefore, this part of the defendant's assertion is without merit.
B. The Defendant acknowledged that he carried a knife on the victim’s house and carried it, but asserts that the knife victim knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.
In relation to this, the victim D stated in the police that "I am accurately memory with the left hand, you did not directly contact the knife with the knife with the knife, knife with the knife with the knife, knife with the knife, knife with the knife, knife with the knife, knife with the knife, knife with the knife, knife with the knife, knife with the knife, knife with the knife, knife with the knife, knife with the knife, knife," and knife with the knife.
On the other hand, the victim.