성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state that, at the time of committing the instant crime, the Defendant had the ability to discern or make decisions about alcohol that is larger than the ordinary share of alcohol.
B. The sentence of the judgment of the court below on unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, the defendant drank a considerable amount of dye immediately before the crime of this case, and found the victim again after the crime of this case, and the fact that the defendant did not escape after the crime of this case, but did not escape, but did not sit in another floor corridor of the same apartment house and sye it.
In addition, in full view of the circumstances leading to the instant crime, the means and method of the crime, the Defendant’s conduct before and after the crime, and the circumstances after the crime, etc., it can be deemed that the Defendant was under the influence of alcohol at the time of the instant crime, and deemed that the Defendant had weak ability to discern things or make decisions.
Therefore, the defendant's mental disorder is justified.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as follows: (a) except for adding “the defendant was in a state that, at the time of the instant crime, the ability to discern things or make decisions was lacking” to the first head of the crime, the facts charged and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and thus, they are cited in accordance with
Application of Statutes
1. Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 319(1) of the Criminal Act concerning criminal facts;