성폭력범죄의처벌및피해자보호등에관한법률위반(강간등상해)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The court below erred in the misapprehension of legal principle as to mental or physical disability when committing a crime of mental or physical disability, even though the defendant was in a state of mental or physical disability or mental disability.
B. The lower court’s sentence of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.
2. Determination
A. According to the records on the argument of mental disorder or mental retardation, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, and that there was symptoms such as normal depression, etc., but in light of the circumstances indicated in the records such as the circumstances of the crime and the defendant's behavior before and after the crime of this case, it is not deemed that the defendant suffered from mental illness or alcohol at the time of the crime of this case that the defendant lost the ability to distinguish things, loses the ability to make a decision, or lacks the ability to make a decision. Accordingly, this part of the defendant'
B. Examining the Defendant’s judgment on the assertion of unfair sentencing, which acknowledges and reflects the Defendant’s crime, the fact that there is no previous fault does not reach an agreement with the victim or favorable circumstances, which led to the instant crime during the period of repeated offense, and other various sentencing conditions stated in the instant argument, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is deemed reasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.
(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, Article 35 of the Criminal Act shall be corrected to "Article 35 of the Criminal Act and the proviso of Article 42 of the former Criminal Act".