The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for six years.

For the defendant.

On the other hand, the court below found the defendant guilty of charges of the case, and rendered a judgment dismissing the prosecutor's request regarding the request for attachment order, and only the defendant appealed against this, the part requesting attachment order does not have any interest in appeal.

Therefore, Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders, a legal fiction of appeal, does not apply (see, e.g., Supreme Court Decision 2010Do7079, 2010Do41, Aug. 19, 2010). Therefore, the part regarding the Defendant’s request for attachment order to the Defendant is excluded from the scope of the trial by the Korean court.

The Defendant with mental and physical weakness of the grounds for appeal was under the influence of alcohol at the time of committing the instant crime, and was in the mental and physical weakness.

The punishment sentenced by the court below (7 years of imprisonment) is too unreasonable.

Judgment

According to the records of this case as to the assertion of mental and physical weakness, the defendant may be admitted to have a drinking at the time of committing the crime, but the defendant may also know the reason why he caused the crime.

However, in light of various circumstances, including the fact that the situation at the time of committing the instant crime is relatively detailed, the background of the instant crime, the method of committing the crime, and the Defendant’s act before and after the commission of the crime, it cannot be deemed that the Defendant, under the influence of alcohol, has committed a state where the Defendant had the ability to discern things and make decisions.

B. 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, on the ground that, even though a defendant was under the influence of alcohol and physically and mentally weak condition at the time of committing the crime, Article 10(2) of the Criminal Act may not apply to a sexual crime in the state of mental disorder caused by drinking. Thus, the

The crime of this case is the victim who is vulnerable to the crime in the second degree of intellectual disability in order to meet his or her sexual desire.