성폭력범죄의처벌등에관한특례법위반(장애인강간)등
The defendant's appeal is dismissed.
Judgment on the Reasons for Appeal
A. In light of the circumstances indicated in the record, such as the background leading up to the instant crime, the Defendant’s behavior at the time of committing the instant crime, the circumstances after committing the instant crime, etc., the Defendant was in a state that the Defendant had no or weak ability to discern things or make decisions due to the main activity at the time of committing the instant crime.
subsection (b) of this section.
We cannot accept the argument that the defendant was suffering from mental disorder under the influence of alcohol at the time of committing the instant crime.
B. The Defendant, who was undergoing the course of sentencing, was aware of and attempted to commit rape to another person who was under the influence of the victim F, according to the victim F, who was the first disabled person, notwithstanding the strong resistance of the victim.
The victim F seems to have suffered a significant mental pain due to the above crime.
In addition, the Defendant, who is only 13 years of age, got off with buckbucks and mucks while she was found to be defective in § 13.
Due to the above crime, L, who is a child or juvenile, seems to have suffered a considerable sense of sexual humiliation and fear, and it seems to have a good effect on the formation of sound sexual values of the above victims.
All victims, who are the socially weak, and young juveniles, did not completely recover from the victims.
When comprehensively taking into account such circumstances and circumstances as the conditions for sentencing, which can be known by the record, including the absence of any change in the circumstances in the above circumstances and the trial, the sentence sentenced by the court below to the defendant within the scope of the recommended sentencing guidelines (three years of imprisonment) is too heavy.
It does not appear.
The judgment of the court below is justified in the determination of the defendant or defense counsel, as alleged in the grounds for appeal.
shall not be deemed to exist.
The conclusion is.