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

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

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

B. The sentence imposed by the lower court (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 disorder, the fact that the defendant was in a considerable state of drinking at the time of the crime of this case is recognized.

However, in light of the following: (a) the process and means of the crime committed by the above evidence; (b) the Defendant’s act before and after the crime was committed; and (c) the Defendant attempted to engage in sexual intercourse against the victim, not only in entering the victim’s house; and (d) the Defendant cannot be deemed to have failed to have sufficiently or lost the ability to discern things at the time of the crime or to make decisions.

(Y) Even if the defendant was in a state of mental disorder, Article 10 of the Criminal Act is excluded in accordance with Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

양형부당 주장에 관하여 이 사건 범행은 피고인이 새벽녘 여성 홀로 거주하는 타인의 집에 침입하여 피해자를 상대로 저지른 범행으로서 그 죄질이 좋지 않은 점, 피해자가 이 사건 범행으로 인하여 커다란 정신적 충격을 받은 것으로 보이는 점 등은 피고인에게 불리한 정상이다.

However, when it comes to the trial, however, the victim expressed his intention not to punish the defendant as well as receiving compensation for the damage from the defendant, and the fact that the defendant has no specific criminal record is favorable to the defendant.

In addition, considering the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the lower court may be imposed.