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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant was suffering from alcohol dementia at the time of each of the instant crimes, and there was no or weak ability to discern things or make decisions. 2) The punishment of the lower judgment on unreasonable sentencing (one year of imprisonment and 40 hours of completing sexual assault treatment programs) is too unreasonable.
B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.
2. Determination
A. In light of the evidence duly adopted and examined by the court below (see, e.g., Supreme Court Decision 4655, 2015; Supreme Court Decision 99, 147, Mar. 1, 2015) as to the assertion of mental disorder, the defendant was found to have shown symptoms of alcohol addiction at the time of committing each of the instant crimes, but has no ability to discern things or make decisions due to such fact in light of the circumstances leading to each of the instant crimes, the means and methods of committing each of the instant crimes, and the circumstances after committing the crime.
Since it cannot be seen that it has reached a state or weak, this part of the defendant's assertion is without merit.
B. As to the assertion on unfair sentencing, there are more favorable grounds for sentencing, including: (a) the Defendant’s history of punishment for the same kind of crime (five times before and after violence, five times before fraud, and two times before and after fraud); (b) the frequency and amount of damage of the instant crime; (c) the Defendant did not agree with most victims; and (d) the fact that the nature of the crime is extremely poor in light of the method and place of the crime; and (b) the Defendant has agreed with two victims; and (c) the Defendant is in violation
In full view of the above sentencing factors, considering the age, health status, family relationship, career, and all other matters regarding the sentencing specified in the instant records and arguments, the sentence of the lower judgment is deemed appropriate. Therefore, the allegation of unreasonable sentencing by the Defendant and the prosecutor is without merit.
3. As such, the appeal by the defendant and the prosecutor is without merit.