A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

B. The sentence imposed by the lower court on the Defendant (the maximum of four years of imprisonment, the short of three years of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the defendant, at the time of the crime of this case, has drank alcohol at the time of judgment on the claim of mental disability.

However, in full view of the evidence duly admitted and examined by the court below, the defendant can be found to have committed the crime of this case, prior to the crime of this case, the defendant committed the victim-friendly appearanceO on the Obaba, with the influence of drinking distance, and other factors such as the defendant's usual amount of drinking and the degree of drinking at the time of the crime of this case, the time interval from the time of the crime of this case to the time of the crime of this case, the circumstances, means and methods of the crime of this case, and the defendant's behavior before and after the crime of this case, it cannot be deemed that the defendant had lacking the ability to discern things or make decisions, under

Therefore, the defendant's above assertion is without merit.

B. There are extenuating circumstances to consider the circumstances, such as the fact that the Defendant’s judgment on the assertion of unfair sentencing recognizes the instant crime from the court of the court below to recognize the Defendant’s error in the judgment of the court below, the Defendant does not have the same criminal power, and the Defendant is still 18 years of age and is likely to improve his personality and behavior in the future.

그러나 이 사건 범행은 피고인이 18세의 청소년인 피해자를 강간한 것으로서 그 죄책이 가볍지 아니한 점, 피고인은 수사기관에서 조사를 받으면서 자신이 오히려 피해자로부터 강간을 당하였다고 진술하는 등 반성하지 않고 뻔뻔한 태도를 보였던 점 피고인은 국립과학수사연구원의 감정에 의하여 피해자의 팬티, 항문에서 정액양성반응, 피해자의 유두에서 타액양성반응이 나오고, 피고인의...