Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) committed the instant crime, the Defendant was under the influence of alcohol so as to have weak the ability to discern things or make decisions. 2) The sentence imposed by the lower court of unfair sentencing (one-year imprisonment, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination on the part of the defendant's case

A. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s claim of mental disability, it is recognized that the Defendant was in a state of drinking alcohol to a certain extent at the time of each of the instant crimes.

However, in full view of the developments, process, means, and methods of each of the instant crimes, and the circumstances after the instant crimes, it does not seem that the Defendant did not seem to have reached a state where the Defendant was unable to discern things or make decisions due to drinking at the time of the instant crimes.

Even if the Defendant had the ability to discern things or make decisions due to drinking at the time of each crime of this case, the Defendant was somewhat weak.

Even if the defendant is found to have a state of drinking, it is reasonable to not reduce the punishment due to mental or physical disability in accordance with Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Therefore, the defendant's argument of mental disability is without merit.

B. The lower court’s judgment on the assertion of unfair sentencing by both parties has committed the crime of rape and attempted rape against the victims, who are children and juveniles, under the circumstances favorable to the Defendant, such as: (a) the Defendant’s mistake is favorable to the Defendant; (b) the Defendant and a de facto related person B, who is in de facto marital relationship, would not refrain from committing a crime again; and (c) the Defendant and a de facto related person B, who seeks the Defendant’s child birth; and (d) the Defendant committed the crime of rape and attempted rape.