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Defendant
In addition, the appeal by the requester for the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. A. The Defendant and the requester for an attachment order (hereinafter “Defendant”) are under the influence of alcohol at the time of each of the instant crimes, and thus, they were mentally ill-incompetent at the time of the instant crimes, and thus the sentence should be mitigated.
B. The sentence imposed by the lower court on the grounds of unfair sentencing (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and investigated by the court below as to the claim of mental disability, the defendant can be found to have committed each of the crimes in this case under the influence of drinking. However, in light of the circumstances before and after each of the crimes in this case, the background leading to the crime, the defendant's behavior at the time, the statement made by the investigation agency and the court, etc., it cannot be deemed that the defendant lacks the ability to discern things or make decisions due to drinking at the time of each of the crimes in this case. Therefore, this part of the defendant's assertion of unfair sentencing is difficult to accept. 2) The defendant's assertion of unfair sentencing is recognized as a favorable sentencing element, such as the fact that the defendant's judgment on the claim of unfair sentencing is in contravention of all of each of the crimes in this case
However, each of the crimes and crimes of this case, which are acknowledged by the evidence, the evidence law, and the legal principles, is also acknowledged as an unfavorable sentencing factor or neutral and objective sentencing factor, such as the injury by force of a female under the influence of alcohol, intrusion upon another person's residence, and damage to property, and the nature of the crime is bad, and the victim of the injury caused by indecent act by force appears to have suffered a large mental impulse due to the above crime, but has not been recovered from damage. The defendant committed each of the crimes of this case during the period of repeated offense, and the defendant can have a record of punishment for sexual crimes.
The above sentencing factors, sentencing guidelines, and punishment are the severe injury resulting from indecent act by compulsion.