성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Sexual assault against the defendant for 300 hours.
1. Summary of grounds for appeal;
A. Defendant 1) At the time of each of the instant crimes, the Defendant was in a state of mental disability due to drinking, and the Defendant was in a state of mental disability. 2) The lower court’s punishment (the completion of sexual assault treatment programs with imprisonment of three years and 80 hours) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. According to the statement of a mental appraisal of the defendant of the Medical Treatment and Custody Director prepared according to the request of the court of the appellate trial for the determination of mental diagnosis of the claim, the defendant, at the time of each of the crimes of this case, was in a state of temporary decline in decision-making ability due to continuous drinking, while showing mental and behavioral disorder due to the use of alcohol harmful to alcohol, and thereby, a certificate of opportunism was revealed. Accordingly, at the time of each of the crimes of this case, the defendant was in a state of lacking ability to discern things or make decisions due to drinking.
This part of the grounds for appeal is justified.
(However, the court below's decision is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without further proceeding to decide on the defendant's assertion of unfair sentencing, as examined below in the "application of the law". 3. If the defendant's appeal is reasonable, the defendant's appeal is reversed, and the court below's decision is again reversed in accordance with the arguments.
Criminal facts
The summary of the facts charged and the summary of the evidence acknowledged by the court are as follows: the first crime of the judgment below is deemed to be "in a state where the decision-making ability is temporarily lowered due to the continuous drinking, and thus lacks the ability to discern things or make decisions," and the summary of the evidence is to be prepared by the Medical Treatment and Custody Director.