Text
The remainder of the judgment of the court of first instance, excluding the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for four years.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, at the time of committing the instant crime, was suffering from fear disorder, uneasiness disorder, adaptation disorder, and gambling disorder at the time of the instant crime, and committed the instant crime under the state of loss or lack of ability or intent to discern things by drinking alcohol, and thus, the Defendant cannot be punished, or should be mitigated or exempted from punishment.
B. The sentence sentenced by the first instance court of unfair sentencing (five years of imprisonment, etc.) is too unreasonable.
2. Determination
A. According to the record as to the assertion of mental disorder, the defendant was treated with a mental disorder due to fear disorder, adaptation disorder, and speculative disorder. At the time of committing the instant crime, it is recognized that the defendant was a patient with a mental disorder who shows mental disorder, such as intelligence resistance (I Q64), impulse adjustment ability, and disorder in real judgment ability, and that he was in drinking even during the time of committing the instant crime.
However, the following circumstances revealed through the evidence duly adopted and examined by the first instance court, namely, the Defendant: (a) reported the victim while visiting a bus terminal near the bus terminal; and (b) led the victim after the victim’s use of his arms; (c) led the victim; and (d) attempted to conceal the Defendant’s behavior following the instant crime, including: (a) the Defendant committed the instant crime under the influence of alcohol or under the influence of the decision-making capacity or under the influence of the decision-making capacity or getting out of his arms, with the awareness of the person leading the victim and leading the victim; and (b) attempted to conceal the Defendant’s criminal act.
Therefore, this part of the defendant's assertion is without merit.
B. As to the assertion on unreasonable sentencing, the Defendant: (a) committed indecent act by compulsion while leading the victim by night; (b) committed an injury by cutting the victim’s cage at night; and (c) committed an injury, such as cutting the victim’s cage at night; and (d) the victim’s property under the suppression of the victim’s resistance.