유사강간
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Sexual assault, 40 hours against the defendant.
1. Summary of the grounds for appeal;
A. The Defendant with mental and physical disorder has been under the influence of alcohol to such a degree as to be suspected of suffering from ordinary alcohol addiction, and has recently been judged at the early stage of alcohol dementia. The Defendant was under the influence of alcohol at the time of the instant crime, and thus, was in a state of mental and physical disability, punishment should be mitigated.
B. The sentence imposed by the lower court (three years of imprisonment, etc.) is too unreasonable.
2. Determination
A. (1) Determination ex officio (1) Article 59-3(1) of the Act on Welfare of Persons with Disabilities, which uniformly provides for the restriction on employment of persons with disabilities for the period of ten years for children, juveniles, or adults, is amended by Act No. 15904, Dec. 11, 2018; Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, which provides for the restriction on employment of persons with disabilities for the period of ten years; (2) the court imposed a punishment for an individual sex offense case on the defendant of each case; and (3) Article 2 of the Addenda of the Act on Welfare of Persons with Disabilities provides that the amendment of Article 59-3 of the Act on Welfare of Persons with Disabilities shall apply to persons who committed a sex offense before June 12, 2019, which is the enforcement date of the Act on Welfare of Persons with Disabilities; and (4) in this regard, the above amendment is no longer maintained.
(2) Despite such reasons for ex officio destruction, the Defendant’s assertion of mental disorder is still subject to a trial by this Court, and this is examined below.
B. (1) According to the evidence duly adopted and examined by the court below, the defendant is under a habiting life regardless of normal alcohol, and the crime of this case also constitutes the crime of this case. (However, there is no evidence to acknowledge that the defendant was subject to an initial determination of alcohol dementia), the circumstances leading to the crime, the circumstances before and after the crime, and the defendant's behavior at the time.