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Defendant
All of the appeal filed by A and the appeal filed by the Prosecutor against Defendant B shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) The Defendant with a mental disorder was under the influence of alcohol at the time of committing an attempted rape and was in the state of mental disorder. (2) The lower court’s imprisonment with labor (three years of imprisonment) is too unreasonable.
3) There is a special reason to exempt the accused from disclosure and notification orders. B) According to the evidence submitted by the prosecutor (the Defendant B) by a mistake of facts, the court below acquitted the accused of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Rape) against Defendant B by misunderstanding of facts, although it may be recognized that Defendant B tried to rape with Defendant A or aided and abetted Defendant A to commit an attempted rape.
2) The lower court’s sentence on Defendant B of unreasonable sentencing (a fine of one million won is too unhued and unreasonable).
2. Determination
A. Regarding Defendant A’s assertion, following the N’s statement at N’s police station’s seat of mental disorder and U’s statement at U trial court, etc., it is recognized that the above Defendant had been under the influence of alcohol at the time of each of the instant crimes. However, in full view of various circumstances, such as the background and means of each of the instant crimes acknowledged by the record, the Defendant’s act committed before and after the instant crimes, and the Defendant’s statement at the investigative agency and the court of original trial, it is not recognized that the above Defendant was in a state of lacking or lacking the ability to discern things at the time of each of the instant crimes. This part of the above Defendant’s assertion is without merit. (2) The Defendant’s assertion of unfair sentencing is led to the attempted rape, and the crime was committed by the Defendant, and the Defendant sought a prior action against the said Defendant by mutual consent with the victim N. of the crime of Violation of Punishment of Violence, etc. Act (collective or deadly weapons, etc.) in the trial.