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All appeals filed by prosecutors and defendants are dismissed.
The judgment below
The 6th class 9 to 16th class "Child Welfare Act".
Reasons
1. Summary of grounds for appeal;
A. (1) Defendant (1) committed similar acts against a minor under the age of 13 among the facts charged in the instant case, and committed an indecent act against the victim, who is a relative to resisting, at the time of each crime, under the influence of alcohol, and thus, the punishment should be mitigated.
(2) The sentence imposed by the lower court (seven years of imprisonment) is excessively unreasonable.
B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.
2. Determination
A. According to the records on the Defendant’s claim of mental disability, the fact that the Defendant was under influence of alcohol at the time of committing each part of the crimes alleged by him may be acknowledged. However, in light of other circumstances indicated in the records, the Defendant lost the ability to distinguish things and make decisions.
It can not be seen that there has been a lack of or weak state.
Furthermore, Article 10(2) of the Criminal Act may not apply in accordance with Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, in a case where the defendant was under the state of mental disorder under the influence of alcohol, even though the defendant was under the state of mental disorder at the time of committing the crime. As such, the defendant's mental disorder or mental disorder claim is
B. There are various kinds of sentencing conditions on the part of the prosecutor and the defendant's assertion of unfair sentencing, such as the abuse of their parents' protection and assistance for a long period of time against their children, the abuse of their married children who are in need of protection and assistance from their parents, the victim suffers a big mental suffering and is under the influence of post-treatment, etc., and the victim's punishment is not imposed, and other favorable circumstances such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., and the circumstances after the crime are committed.