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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
A. Defendant 1) While under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability and injury. 2) The sentence of imprisonment (two years and six months of imprisonment, etc.) imposed by the lower court on the Defendant is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
Judgment
A. In full view of the background of the instant crime, the means and method of the crime, the circumstances after the crime, and the Defendant’s act at the time, etc. acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s mental and physical disorder, the lower court appears to have been under the influence of alcohol at the time, but the lower court did not have the ability to
did not appear to have existed in or weak condition.
Therefore, the defendant's above assertion is without merit.
B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the victim is not subject to the Defendant’s punishment by agreement with the Defendant, and the Defendant has no record of punishment except for one-time punishment by a fine, etc. are favorable to the Defendant.
On the other hand, the crime of this case is an unfavorable circumstance to the defendant, such as the crime of this case was committed by assaulting and threatening the victim first at least two hours, causing bodily harm due to rape, and the victim suffered a serious mental or physical damage due to the crime of this case.
In full view of the above circumstances and the Defendant’s age, character, conduct and environment, motive, means and consequence of the instant crime, all of the sentencing conditions as shown in the instant argument, including the circumstances after the commission of the crime, and the scope of recommended sentences according to the sentencing guidelines set by the Supreme Court Sentencing Committee, the lower court cannot be deemed to be too heavy or unreasonable.
Therefore, the defendant and prosecutor's above assertion are without merit.
In conclusion, the defendant and the prosecutor.