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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Defendant 1 committed the instant crime in a state of mental and physical weakness, with physical and mental weakness committed the instant crime.
2) The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the lower court as to the Defendant’s mental and physical weakness, it is deemed that the Defendant was engaged in drinking at the time of the instant crime, but in light of the following circumstances, such as the process and process of the instant crime, and the Defendant’s act before and after the instant crime, the Defendant was physically and mentally weak at the time of the instant crime, which lacks the ability to discern things or make decisions
does not appear.
Therefore, this part of the defendant's argument is without merit.
B. As to the wrongful assertion of sentencing by the Defendant and the Prosecutor, the fact that the Defendant recognized and reflected the instant crime, and that the victimized person did not want the punishment of the Defendant by the unanimous agreement with the victim is favorable to the Defendant.
On the other hand, the crime of this case was committed against the victim who was in a de facto marital relationship with the defendant, and detained the victim for 3 hours to 30 minutes. The so-called "Et Violence", such as the crime of this case, is not an internal issue between the sexual intercourse with the perpetrator and the victim, but a social issue that is no longer related to the crime of this case, and where the crime of this case continues for a long time or is likely to be committed due to the special relation between the perpetrator and the victim, the damage suffered by the victim is serious, and social harm is considerable, and the defendant has been punished twice as a crime of using violence against the female who was in a de facto marital relationship with the victim before the crime of this case, and the crime was committed as a repeated crime during the period of the same crime.