Defendant

In addition, appeal by the person who requested probation order is dismissed.

The summary of the grounds for appeal (unfair punishment) by the lower court (three years of imprisonment, etc.) is too unreasonable.

On January 17, 2019, the Defendant asserted mental or physical disability as the reason for appeal in the statement of reasons for appeal, however, the Defendant stated to the effect that the Defendant withdrawn it on the first day of trial, and changed the sentencing into consideration, while under the influence of alcohol.

Judgment

The defendant and the person who requested probation order (hereinafter referred to as the "defendant") in part of the defendant's case and the person who requested probation order (hereinafter referred to as the "defendant") have intruded the new wall on the car page operated by the mixed victim, and let the victim promptly enter the defendant's sexual organ, thereby causing a very poor quality

The defendant committed a sex offense similar to this case and received juvenile protective disposition.

The Defendant did not receive a letter from the victim regarding the instant crime.

This is disadvantageous to the defendant.

The defendant recognizes a crime and is against his will.

The defendant has a mental retardation of the Gyeongdo, and his family members and fellows want to be able to take the action.

This is the circumstances favorable to the defendant.

The defendant asserts to the effect that it is a crime that has been committed by contingency in a state of drinking, and reflects it as a favorable factor in sentencing.

However, immediately after the crime of this case and the crime of this case, the defendant was in a state of mental suffering by drinking while examining the 49 pages of the evidence record in convenience store.

It does not seem that a criminal act of this case has been committed in a contingent manner.

On the other hand, the above circumstances were already withdrawn during the oral argument of the lower court, and new circumstances or changes in special circumstances that could be reflected in the sentencing after the pronouncement of the lower judgment do not appear.

Furthermore, the sentencing factors stated in the reasons for sentencing in the judgment below, and the age, character and conduct, environment, motive and means of crime, and the results thereof, as well as various kinds of sentencing shown in the arguments and records in this case.