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Defendant
In addition, all appeals filed by a probation order requester and a prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) were in a state of weak ability to discern things or make decisions by drinking alcohol at the time of the instant crime, the lower court found that the Defendant committed an unlawful act (the allegation of misapprehension of legal principles as to the crime of indecent act among the initial grounds for appeal by the Defendant was withdrawn on the first trial date of the first instance trial.
(2) The lower court’s sentence (one hundred months of imprisonment, etc.) is too unreasonable.
B. Prosecutor 1) The lower court’s decision that did not impose an order or notification on the personal information of the accused for exemption from disclosure order or notification order is unreasonable. 2) The lower court’s sentence of unfair sentencing is too uneasible and unfair.
2. Determination
A. According to the evidence duly adopted and examined by the court below as to the defendant's claim of mental disability, the defendant suffers from chronic alcohol dependence, and was under the influence of alcohol at the time of the crime of this case is recognized. However, such circumstance alone alone is difficult to recognize that the defendant lacks the ability to discern things at the time of the crime. Even if the defendant committed a crime of mental disorder, it is merely a ground for voluntary mitigation (Article 10(2) of the Criminal Act) and the act of a person who lacks the ability under the preceding paragraph due to mental disorder (Article 10(2) of the Criminal Act).
Article 2 (Definition of Special Cases concerning the Punishment, etc. of Sexual Crimes) (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes means any of the following crimes: 3. Articles 297, 297-2, 298, 299, 300, and 301 among the crimes concerning rape and indecent act in Chapter II of the Criminal Act.