성폭력범죄의처벌등에관한특례법위반(강간등치상)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Sexual assault against the defendant for 80 hours.
1. Summary of grounds for appeal;
A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability.
B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment, etc.) is too unreasonable.
2. According to the evidence duly adopted and examined by the court below (as to the defendant's mental suffering claim), the defendant received the request from H residing in the same village on the day of the crime in this case, and divided into H and sub-ju, and divided into drinking and drinking, and in light of the amount of the defendant's drinking and the amount of drinking alcohol at the time, etc., the defendant can be found to have committed the crime in this case under the influence of alcohol at the time of the crime in this case, while having the ability to discern things or make decisions. Thus, the defendant's claim for mental suffering from mental suffering has merit.
Therefore, the judgment of the court below which did not determine this is erroneous by misapprehending the legal principles or by misunderstanding facts, which affected the conclusion of the judgment.
Defendant’s assertion is with merit.
3. Accordingly, the defendant's appeal is reasonable, and the part of the judgment below against the defendant under Article 364 (6) of the Criminal Procedure Act is reversed without examining the defendant's argument of unfair sentencing, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and evidence against the defendant is as shown in the corresponding column of each judgment of the court below in addition to adding "the defendant lacks the ability to discern things or make decisions under the influence of alcohol" to the first head of the crime of the judgment of the court below, and therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 8(1), Articles 15, and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 319(1) and Article 319 of the Criminal Act concerning criminal facts;