A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment becomes final and conclusive.

At the time of committing the instant crime, the Defendant was in a state of mental disability with mental disorder.

The punishment sentenced by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

Judgment

The judgment of the court below also asserted the above purport, and the court below rejected the above argument on the grounds as stated in its reasoning. In full view of the evidence duly admitted and examined by the court below, the judgment of the court below that the defendant was not in a state of mental disability at the time of the crime of this case is justified.

In addition, Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that "where a sexual crime (excluding a crime under Article 2 (1) 1 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) is committed in the state of mental or physical disorder caused by drinking or drug, Article 10 (1) and (2) and Article 11 of the Criminal Act may not apply to the crime of this case."

Therefore, even if the defendant was drunk at the time of committing the instant crime and was in a state of mental disorder, the punishment against the defendant does not necessarily have to be mitigated in accordance with Article 10(2) of the Criminal Act.

Therefore, the above argument of the defendant is without merit.

The crime of this case on the assertion of unreasonable sentencing is that the defendant inflicted an injury on the victim by compulsion, and the crime is not less severe in light of the result of the crime.

However, there are various conditions of sentencing, such as the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, situation before and after the crime, etc., and the Supreme Court's sentencing committee are enacted, even though the defendant's mistake is divided, the defendant's original agreement was reached in the trial, the degree of injury suffered by the victim was not much serious, and the defendant has no record of criminal punishment.