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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disability at the time of committing the crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) under the influence of alcohol as a person with severe intellectual disability.
B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. As to the claim of mental disorder as stipulated in Article 10 of the Criminal Act, the mental disorder as stipulated in Article 10 of the Criminal Act is a biological factor and needs to be judged to be lacking or reduced in the ability to discern things due to such mental disorder as a psychological factor in addition to the mental disorder such as mental disorder or abnormal mental condition. Thus, even if a person with mental disorder is a person with normal mental disorder or ability to control things at the time of committing the crime, it cannot be deemed a mental disorder.
(2) According to the records, the Defendant was diagnosed as Grade 2 intellectual disability on July 26, 1990 and registered as a disabled person under the Act on Welfare of Persons with Disabilities. A psychological examination conducted on or around 1990 on the Defendant, the Defendant’s total intelligence index was 34.10, social index was 70.32, and social age was 17 years and 6 months. The Defendant was found to have provided drinking alcohol at the time of committing a crime in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities). However, if the Defendant was found to have committed a crime by threatening the toy in possession of the victim with intellectual disability 2, and when considering the victim’s dialogue and the statement in an investigative agency by dividing the victim and the investigative agency, the Defendant appears to have no big problem in communicating and expressing his idea, and in particular, the circumstances and details of the case are relatively specific and detailed and stated in the investigation agency.