In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Defendant

In addition, a person who requested an attachment order (hereinafter referred to as "defendant") was under the influence of alcohol at the time of committing the crime, and the defendant was in a state of mental disability.

The sentence of imprisonment (12 years of imprisonment) by the lower court on the grounds of unfair sentencing is excessively unreasonable.

The sentence imposed by the court below on the public prosecutor is too unhued and unreasonable.

According to the records on the Defendant’s determination of the part of the Defendant’s case, the Defendant may recognize a drinking fact at the time of the commission of the crime. However, in light of the circumstances indicated in the records, such as the background of the crime and the conduct before and after the commission of the crime, it cannot be deemed that the Defendant’s ability to discern things and make decisions has been weak.

Furthermore, Article 10(2) of the Criminal Act may not apply in accordance with Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, in a case where the defendant was under a state of mental disorder due to drinking, even though the defendant was under a state of mental disorder at the time of committing the crime. Thus, the defendant's claim of mental disorder is without merit,

In light of various kinds of sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the lower court’s punishment is too heavy or unfilled, considering the following: (a) the Defendant’s confession of the crime and other favorable circumstances; (b) only one month in which the Defendant completed the execution of imprisonment sentenced to a sexual crime; and (c) the Defendant’s injury in the course of rape the victim by threateninging the victim with a deadly weapon; and (d) the Defendant did not agree with the victim until now and did not take particular measures for recovery from damage; and (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) other unfavorable circumstances, such as the circumstances after the crime.