유사강간등
The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
Defendant shall be punished by imprisonment for a year.
1. The lower court’s scope of trial in this Court dismissed the application for compensation by the applicant for compensation, and the judgment dismissing the application for compensation is not subject to appeal (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and the part dismissing the application for compensation order was immediately finalized.
Therefore, the rejection of the above order for compensation is excluded from the scope of the trial of this court.
2. Summary of grounds for appeal;
A. Since the Defendant, at the time of each of the crimes in this case, has extremely weak the ability to discern things or make decisions due to drinking, the mitigation of punishment should be made pursuant to Article 10(2) of the Criminal Act. However, the Defendant’s rejection of the Defendant’s claim of mental disability and the lower court’s rejection of the sentence is erroneous in matters of mistake of facts and misapprehension of legal principles.
B. The sentence of unfair sentencing (two years of imprisonment, etc.) by the lower court is too unreasonable.
3. Determination
A. The lower court determined that it is difficult to view that the Defendant, at the time of each of the instant crimes, was in a state where, in full view of the following facts: (a) although the Defendant appears to have been drinking considerably many alcohol at the time of each of the instant crimes, the circumstances leading up to each of the instant crimes, the circumstances before and after the commission of the crimes, and the Defendant appears to have expressed the victim “I am good E”; (b) it appears that the victim “I am good,” and that “I am at home” understood the horses of the victim and ceased to commit the crime; and (c) the Defendant did not have the ability to distinguish things or make decisions, due to drinking at the time of each of the instant crimes.
Examining the evidence duly adopted and examined by the court below in light of the record, it seems that the defendant had a weak ability to discern things or make decisions at the time of each of the crimes in this case.