성폭력범죄의처벌등에관한특례법위반(장애인강간)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Legal principles and the defendant with mental or physical disorder are not memoryd at all regarding the instant case.
The Defendant committed the instant crime with mental or physical disability, and the judgment of the court below which did not deem that the Defendant was in the state of mental or physical disability at the time of committing the instant crime is erroneous in the misapprehension of legal principles as to the mental or physical disability, which affected the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.
2. Determination
A. According to the legal principles and the record as to the assertion of mental and physical disorder, even though the defendant was under the influence of alcohol at the time of committing the instant crime, the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the defendant written his written statement prepared on June 14, 2019, which was after the crime of this case, entered the facts to acknowledge the fact that he had sexual intercourse with the victim at the defendant's house on the day of the instant crime, and there was an obstacle. At the time, the defendant appears to have been memory. ② The defendant also recognized the fact that the victim committed the instant crime by taking a sexual desire at an investigative agency, and in light of other circumstances such as the fact that the defendant committed the instant crime by taking the victim's sexual desire before and after the crime of this case, the defendant's attitude and behavior before and after the crime of this case cannot be deemed to have been under the influence of alcohol, beyond the mere under the influence of alcohol.
The legal principles and arguments of the defendant are without merit.
B. As to the assertion of unfair sentencing, the defendant appears to have committed the instant crime from the original trial, and the defendant appears to have an attitude against this court, there is no record of criminal punishment against the defendant, and the spouse and village residents of the defendant.