성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant committed the instant crime under the state of mental and physical disability by taking the alcohol more than the volume of alcohol on the day of the instant case into consideration due to the malute and the malute disorder on the day of the instant case, and taking the alcohol more than the volume of alcohol on the day of the instant case into consideration, but the lower court did not reduce the amount of mental and physical disability.
B. The punishment sentenced by the court below to the defendant (five years of imprisonment) is too unreasonable.
C. It is unreasonable for the lower court to issue a five-year disclosure and notification order and an employment restriction order to the public and to issue a five-year employment restriction order.
2. Determination
A. According to the victim's police's statement about misconception of facts as to mental illness and misapprehension of legal principles, it is recognized that the defendant was under the influence of alcohol at the time of committing the instant crime.
However, considering the following circumstances revealed by the evidence examined by the court below, since the defendant did not seem to have caused the lack of the ability to discern things or make decisions at the time of the crime of this case, the court below did not err in matters of mistake of facts or misapprehension of legal principles as alleged by the defendant, as otherwise alleged by the defendant.
This part of the defendant's assertion is without merit.
① The Defendant committed the instant crime by cutting pipes in one’s apartment balcony and intrusion into the victim’s house balcony. This is a method that the Defendant could not commit the instant crime if the Defendant was in a state of mental disorder due to drinking or water exemption.
② The Defendant was arrested as a flagrant offender immediately after the instant crime and was investigated by the police three hours after the commission of the crime. In such cases, the Defendant first committed the crime including the time when rape was committed, the method of intrusion upon the victim’s house, the time when the victim was her body and the fact that the victim was her body, etc.