성폭력범죄의처벌등에관한특례법위반(강간등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Sexual assault, 80 hours against the defendant.
1. Summary of grounds for appeal;
A. When committing the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability.
B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.
2. First of all, we examine the defendant's mental disability claim.
A. In the instant case, the following circumstances are recognized in full view of the evidence duly adopted and examined by the lower court as well as the written applications (preparation of police officers G) submitted by the Defendant’s defense counsel in the trial and the evidence duly adopted and examined by the lower court.
1) On August 23, 2012, the day before and after the instant crime was committed, the Defendant completed her part-time work at the pharmacy around 16:30 on August 23, 2012, and completed her part-time work at the house, and her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part of her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time she
B) At around 01:30 on the following day, the Defendant was fluording the Defendant’s home at around 01:0 of the following day. Two persons, at the time, fluored the Defendant’s home, fluored the Defendant from both sides, and fluored the remainder of the Defendant’s home. At around 03:00, the Defendant arrived at the vicinity of the Defendant’s home, and the Defendant was fluoring the middle floor due to large number of the Defendant, and fluoring the Defendant into the middle floor, and fluoring the Defendant’s home at around the Defendant’s house that takes about 15 minutes of the wind, making it difficult for the Defendant to take about 30 meters of the Defendant’s house at the time.