성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
1. Summary of grounds for appeal;
A. Part 1 of the case by the Defendant and the requester for an attachment order (hereinafter “Defendant”) were in a state of weak ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime.
2) The lower court’s sentence (7 years of imprisonment, 80 hours of order to complete a sexual assault treatment program) that is unfair to the extent that the sentence is too unreasonable.
B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for a period of ten years on the basis of the degree of assessing the risk of sexual offenders.
2. Determination on the part of the case of the defendant
A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical weakness, it is acknowledged that the defendant had drinking alcohol at the time of the crime of this case, but in light of all the circumstances such as the process and process leading to each of the crimes of this case, the means and method of the crime, the defendant's behavior before and after the crime, etc., it cannot be deemed that the defendant reached the situation where the defendant had the ability to discern things or make decisions due to drinking.
In addition, Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes need not apply to cases where a sexual crime is committed in the state of mental disorder caused by drinking or drugs.
Article 10(1) and (2) of the Criminal Act is not appropriate for the defendant to apply Article 10(1) and (2) of the Criminal Act on the grounds of internal concern.
Therefore, the above part of the defendant's assertion is without merit.
B. As to the unfair argument of sentencing, the fact that the defendant recognized the defendant's mistake and against himself, and that the mother of the victim and the defendant want to have the defendant's prior position against the defendant, the victim submitted to the investigation agency a written application for punishment (the evidence record No. 96 pages), but the content thereof is economic when the defendant is punished.