성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) had weak ability to discern things or make decisions due to drinking, sexual impulse disorder, etc. at the time of committing the instant crime.
B. The sentencing of the lower court on unreasonable sentencing (one year of imprisonment, five years of disclosure and notification of personal information, and ten years of an order to attach an electronic device) is too unreasonable.
B. The lower court’s sentencing is too unjustifiable.
2. Determination on the grounds for appeal
A. As to the part of the defendant's case, the court below held that the defendant's mental and physical disorder assertion of the defendant is not deemed to have reached a weak level of ability to discern things or make decisions due to the state of exploitation, in light of the fact that the defendant is found to have drinking alcohol at the time of each of the crimes of this case, but is aware of his behavior at the time of each of the crimes of this case as well as the response of the victim and the situation at the time of the crime of this case, and that the defendant's mental and physical disorder claim of this case did not have reached a weak degree of ability to discern things or make decisions. Meanwhile
Examining the reasoning of the judgment below in comparison with records, the judgment of the court below is justified and acceptable.
Therefore, the defendant's mental disorder is not accepted.
As to the assertion of unreasonable sentencing by the Defendant Do governor and the prosecutor, the Defendant’s rape crime was committed in the attempted attempt, and the Defendant recognized each of the crimes of this case, etc. are favorable to the Defendant.
However, the crime of this case was committed by the defendant's intrusion on the house of the victim, who was the biological site, and attempted rape again more than one year after the defendant was divorced from the crime of rape and injury, and the crime was very serious, and the victim complained of considerable mental suffering, and the defendant has recovered from damage.