강제추행상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Sexual assault against the defendant for 80 hours.
The summary of the grounds for appeal is as follows: (a) the Defendant was under the influence of alcohol at the time of committing a crime set forth in paragraph (1) of the judgment below; and (b) the Defendant was under the influence of alcohol at the time of committing a crime set forth in paragraphs (2) through (4) and
The punishment sentenced by the court below against the defendant (five years of imprisonment, etc.) is too unreasonable.
The sentence imposed by the court below against the defendant is too uneasible and unfair.
Judgment
According to the records of the judgment on the Defendant’s mental and physical weakness, there is an enemy who received mental treatment from August 8, 2014, due to depression, apprehension, etc., and the fact that the Defendant was in a state of drinking to a certain extent at the time of each of the instant crimes can be acknowledged.
However, in full view of all the circumstances, such as the circumstances leading up to each of the instant crimes, the means and methods of the crime, and the circumstances after the crime, which were duly adopted and examined by the lower court, it is not deemed that the Defendant, at the time of the crime under paragraphs 2 through 4 of the lower judgment, had the ability to discern things or make decisions due to drinking or taking drugs at the time of the crime under paragraphs 2 through 4 of the lower judgment.
Therefore, the defendant's mental and physical weak argument is without merit.
The Defendant, on the other hand, led the victim’s clothes, which are the teared body condition of the victim, led the victim from 10 to 1st floor, led the victim to an emergency stairs several times from drinking and sprinking the body of the victim, and in the parking lot, the victim who was in the physical condition was in the body of the victim, and was in the body of the victim, and was in the body of the victim.
In addition, the defendant has taken a photograph of the victim who was towed from the stairs in the state of the body, forced the victim to leave the body of the defendant, and forced the victim to leave the body of the defendant, and moved the victim to the el, and spread the victim to the el.