성폭력범죄의처벌등에관한특례법위반(강간등상해)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment with prison labor for twelve years.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the first instance judgment. 2) The punishment sentenced by each lower court of unfair sentencing (the first instance judgment: imprisonment of 12 years, etc., and the second instance judgment: imprisonment of 6 months) is too unreasonable.
(b)the sentence imposed by the first instance court of the Prosecutor is too unhued and unreasonable;
2. Each judgment of the court below on the defendant's discretionary judgment was pronounced, and the defendant filed an appeal against each judgment of the court below, and this court decided to hold a joint hearing of each of the above appeals cases.
Each of the judgment below against the defendant shall be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, each of the judgment below cannot be maintained as it is.
However, despite the above reasons for ex officio reversal, the defendant's assertion of mental disability corresponds to the subject of this court's judgment and this is examined by changing the claim.
3. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s claim of mental disability, the fact that the Defendant was in a state of drinking alcohol at the time of committing the crime in the first instance judgment is recognized.
However, in light of the following: (a) the background and means of the crime committed by the above evidence; (b) the Defendant’s act before and after the crime; and (c) the Defendant’s act began in the process of investigating the prosecution and stated the victim as a substitute for the process from the time when the crime was committed to the time of the crime; and (d) the Defendant did not appear to
(P) Even if the Defendant was in a state of mental disability, so long as he/she was placed on his/her own responsibility, Article 10 of the Criminal Act shall be excluded pursuant to Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes).