A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment becomes final and conclusive.

A. Mental disorder: At the time of committing the instant crime, the Defendant was in a state of mental disorder under the influence of alcohol.

B. A self-denunciation: The Defendant heard the fact of damage from the injured party, and voluntarily reported it to the police on the day of the instant case.

This constitutes a self-denunciation which is a reason for voluntary mitigation of punishment.

It is unreasonable that the court below did not recognize the defendant's report as the number of persons.

(c)

Sentencing: The sentence of the lower court (two years of imprisonment, etc.) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, it is recognized that the defendant had drinking alcohol at the time of the instant crime.

However, in light of the following: (a) the Defendant was living in a ward and led to suppression of the victim’s resistance, rape of the victim; (b) the Defendant left the ward and locked; (c) the Defendant arranged the victim when the victim was her own; (d) the Defendant transferred several times of drinking and drinking alcohol; and (e) the Defendant stated to some extent that he was faced with the situation at the time when she got out of the ward; (c) the Defendant’s usual amount, the background leading up to the commission of the crime; (d) the means and method of the crime; and (e) the circumstances after the crime, etc., the Defendant had no or weak ability to discern things or make decisions due to drinking at the time of the crime of this case.

It does not seem that it does not appear.

Therefore, the defendant's mental disorder cannot be accepted.

B. According to the record on the assertion of self-denunciation, the Defendant reported to the police around July 24, 2017, on the day of the instant case, that “the Defendant, at around 18:59, reported on July 24, 2017, the day of the instant case that “the Defendant, by rapeing a female-friendly woman on the new wall at the same time, and self-denunciation”, and on the same day, the police knew of the fact that he/she was raped, but he/she knew of the fact that he/she was raped, and made a statement that he/she would not have the victim of sexual intercourse, and therefore, the Defendant voluntarily surrenders.

However, even if the defendant voluntarily surrenders to the police.