At the time of each of the instant crimes, the Defendant was unable or weak to discern things or make decisions under the influence of depression and alcohol.

The sentence of unfair sentencing (one-year imprisonment, etc.) by the lower court is too unreasonable.

Judgment

According to the evidence duly admitted by the court below as to the argument of mental disorder or mental retardation, it is recognized that the defendant was in a state of drinking to some extent at the time of the crime of injury in this case, special intimidation, and rape.

However, in light of the circumstances leading up to each of the crimes in this case, the means and methods of the crime, the defendant's behavior before and after the crime, etc., it is difficult to deem that the defendant was unable to discern things or make decisions due to drinking at the time of the crime.

In addition, the submitted evidence alone cannot be deemed that the defendant was either unable to discern things or make decisions due to depression at the time of each of the crimes in this case.

As to the assertion of unfair sentencing, the defendant led to the confession of all crimes from the original trial, and even in the case of the party concerned, his behavior is divided through the rebuttals submitted several times, and the victim expressed his intent to commit the crime of deception.

In addition, the victim also submitted a written application to the effect that the victim would be punished by the defendant in this court.

However, the Defendant had committed a crime by threatening, assault, or inflicting an injury on a victim living together for a considerable period of time, and by coercing the victim's resistance to engage in sexual intercourse, etc., and the means and methods of committing a crime are also dangerous, such as committing a crime while carrying a knife.

The victim appears to have suffered a considerable mental and physical pain due to each of the crimes in this case, but the victim did not recover from actual damage.

The defendant's age, character and conduct, environment, and motive of crime, together with such circumstances, are shown in this case.