beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.
B. The sentence imposed by the lower court (three years of imprisonment, 40 hours of order to complete a sexual assault treatment program, 5 years of employment restriction order) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the claim of mental suffering, the defendant appealed for mental illness such as recovery or recovery from alcohol, which is diagnosed as a person who has a drinking habit to the extent that it is difficult to lead a normal daily life, repeated treatment, etc. on the day of the crime in this case. He can be found that he dysium 7 sick persons on the day of the crime in this case, and that he was unable to completely memory the background leading up to his place of crime or the contents of the crime in this case. Thus, it is recognized that the defendant committed the crime in this case under the state that he lacks the ability to discern things or make decisions due to drinking.
However, the application of Article 10 of the Criminal Act, under Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, should be excluded in consideration of the following: (a) where the Defendant was aware of the risk of undermining others by being unable to control by himself/herself when he/she was killed in a state of drinking in the past; and (b) the Defendant, even if he/she were to drink in a fel with her mother in order to prevent her burgrance, so long as the burg and her mother freely allowed access to the burg, she cannot be held liable for the acts caused by the burging state of drinking.
B. As to the assertion of unfair sentencing, new circumstances or changes in special circumstances that can be reflected in sentencing after the sentence of the lower judgment does not appear.
Furthermore, the reasons for sentencing in the judgment below are stated.