Defendant

In addition, all appeals filed by the claimant for observation order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant and the claimant for the order to observe the protective custody (hereinafter Defendant 1) were physically and mentally weak at the time of committing the instant crime under the influence of alcohol.

2) The sentence of the lower court’s improper sentencing (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. Determination

가. 피고 사건 부분 1) 피고인의 심신 미약 주장에 대한 판단 기록에 의하면, 피고인이 이 사건 범행 당시 술을 마신 상태에 있었음은 인정할 수 있으나, 이 사건 범행의 경위, 범행의 수단과 방법, 범행 후의 정황, 특히 피고인이 수사기관에서 이 사건 범행 전후의 정황에 대하여 비교적 상세하게 기억을 하여 진술하였고, 또한 “ 만취 상태는 아니었고, 정신은 말짱했습니다

In light of the fact that the Defendant made a statement by himself, etc., the Defendant had the weak ability to discern things or make decisions due to drinking at the time of committing the instant crime.

does not appear.

We cannot accept this part of the defendant's argument.

2) The Defendant’s judgment as to the wrongful assertion of sentencing by the Defendant and the Prosecutor is that, depending on the women who walked along the same way as a mixed person during the night, the Defendant took a stroke of the victim’s resistance and took the victim’s handphones into an attempted attempt to force the victim’s handphones to withdraw. Thus, the nature of the crime is not good in light of the background, object, and method of the crime.

Due to the crime of this case, the victim seems to have suffered a significant mental impulse, and the defendant has not yet received a letter from the victim.

In addition, the defendant committed the crime of rape, bodily intrusion theft, attempted crime, violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (special rape, etc.) including robbery, and was sentenced to five times, and was sentenced to five times, and was sentenced to more than seven years, and was attached with an electronic tracking device for location during seven years.