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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below that did not recognize the mental and physical disability even though the defendant and the requester for the attachment order (hereinafter “the defendant”) did not recognize the mental and physical disability by drinking alcohol at the time of committing the instant crime.
B. The sentence of the lower court (five years of imprisonment) is too unreasonable in view of the fact that the criminal defendant committed the instant crime by contingently, and the sexual intercourse with the victims committed all attempted crimes.
2. Determination
A. According to the evidence duly admitted and examined by the court below regarding the Defendant’s assertion of mental and physical disorder, the Defendant is deemed to have committed the instant crime while drinking alcohol, but the following circumstances acknowledged by the above evidence, namely, the victim C (a person) at the time when the Defendant was prevented from committing the crime of rape, and the Defendant was exempted from clothes on his own.
In other words, the defendant was dismissed, and the above victim stated in the investigative agency that "the defendant was under the influence of alcohol but was not in personnel in a state or in a obscence," and at the time when the defendant prevented the defendant from committing the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter "Sexual Crimes Punishment Act") (Rape by blood) (hereinafter "Sexual Crimes Punishment Act"), the victim D (tentative name) is not lick to this defendant.
“In the end, the Defendant is slick.”
In full view of the circumstances and contents of the instant crime and the Defendant’s behavior before and after the instant crime, the Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state that the Defendant did not have or lacks the ability to discern things or make decisions.
It does not appear.
Even if the Defendant was in a state of mental disorder caused by drinking at the time of committing the instant crime, Article 20 of the Punishment of Sexual Violence Act provides that “A state of mental disorder caused by drinking or drugs.”