The defendant's appeal is dismissed.

Summary of Grounds for Appeal

At the time of the crime of this case, the court below neglected the state of mental disability caused by drinking.

The punishment of the court below (five years of imprisonment) is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the court below, the defendant was not in a state of drinking at the time of the crime of this case, and in light of the circumstances such as the background leading up to each of the crimes of this case, and the means and method of the crime, etc., the defendant did not have the ability to discern things at the time of the crime of this case and did not have the ability to make a decision.

It does not seem to be in a state or weak.

The Defendant’s judgment on the assertion of unfair sentencing is a factor of sentencing favorable to the Defendant, such as the confession of all the facts charged in the instant case and the profoundly reflect on his own mistake, and the absence of the same criminal history.

However, in full view of all the sentencing conditions shown in the arguments of this case including the Defendant’s age, conditions before and after the crime, and the method and method of the crime, etc., as well as the scope of recommendations according to the sentencing guidelines for sexual crimes committed by the lower court, it cannot be deemed unfair in view of the following factors: (a) the Defendant intruded into the house of a neighboring person of the old age who was living together with the Defendant, and was unable to get used by the victim until now; and (b) the victim was urged to severely punish the Defendant; and (c) the victim was willing to be punished by the Defendant.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to dismiss the defendant's appeal.