성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal by the defendant;
A. Under the influence of alcohol at the time of the instant crime, the Defendant was unable to properly distinguish objects or make decisions.
B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, three years of probation, one hundred and twenty hours of community service order, and 80 hours of sexual assault treatment program) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, it is found that the defendant was in a drunken state at the time of the crime in this case, but attempted to run away through the process and method of the crime, the defendant's behavior before and after the crime, and the defendant's entrance door after the crime, and the defendant was unable to go out of the building after the crime, and the defendant again went out of the building through the toilet window. In light of the above, it cannot be deemed that the defendant was under the influence of alcohol at the time of the crime in this case, and therefore, the defendant's claim of mental or physical disability is without merit.
B. The Defendant’s judgment on the assertion of unfair sentencing does not have any favorable circumstances for the Defendant, such as the fact that he/she was at the time of committing the crime and divided his/her mistake, no criminal power exists, and agreement with the victims.
However, the crime of this case is committed by the Defendant by intrusion into female toilets on the new wall, and the nature of the crime is not good. The statutory penalty of this case is imprisonment with prison labor for life or for not less than five years, and the lower court’s punishment is the lowest sentence determined by discretionary mitigation of the sentence, and in full view of all the circumstances indicated in the arguments of this case, including the Defendant’s age, character and conduct, background leading to the instant crime, circumstance before and after the instant crime, etc., it is deemed that the sentence imposed by the lower court is too unreasonable.