성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
Sexual assault against the defendant for 40 hours.
Summary of Reasons for appeal
A. Defendant 1 was in a state of mental and physical weakness at the time of committing each of the instant crimes, and ② the lower court’s punishment (a period of eight years of imprisonment, 40 hours of order to complete the program) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The following circumstances acknowledged by the lower court’s judgment as to the Defendant’s assertion of mental and physical weakness and the evidence duly adopted and investigated by this court: (i) the Defendant was diagnosed with a psychiatrist from 200 to 201; and (ii) was hospitalized in K Hospital or Undeveloped Hospital for a considerable period from 2004 to 2015 on six occasions; and (iii) was given treatment of mental fission; (iv) more specifically, the patient was hospitalized from May 10 to November 10, 204 to May 12, 2004 to May 25, 2007; and (v) during the period from May 26, 2007 to May 26, 2010 to 31, 2015 to 21, 2015 to 31, 2014; and (v) the patient appeared to have been hospitalized.
2) The record of evidence 216 pages 216) 2) The Defendant had a hearing about the recovery of sacrifies, flowing hydrogen, etc. from each other before the instant case; 3) The examination of the treatment and custody center, which conducted a mental evaluation of the Defendant, has a delay in light of the spirit of the Defendant, including the qualitative mental disorder and intelligence degradation, the fall of the impulse ability, and the fall of the social judgment ability.
In light of the fact that the Defendant wishes to receive isolation treatment at a mental hospital, etc., at the time of each of the instant crimes, the Defendant, at the time of the instant crime, determined the ability or will to discern things due to the delay of the specific impossible mental disorder and the light of the following: (a) the mental disorder and the mental retardation, as seen above, are deemed to have been in a state of mental and physical weakness affected by the right to distinguish things; and (b) the victim C wishes to receive isolation treatment.