beta
Text
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) shall be mitigated on the ground that the Defendant was under the influence of alcohol at the time of committing the instant crime and was in a state of mental disorder.
B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and investigated by the lower court regarding the assertion of mental and physical disorder, the fact that the Defendant committed the instant crime while drinking alcohol can be acknowledged. However, in light of the circumstances before and after the instant crime, the background leading to the instant crime, and the Defendant’s behavior at the time of the instant crime, it cannot be deemed that the Defendant had weak ability to discern things or make decisions due to drinking, and there are no circumstances to mitigate punishment in sexual assault cases.
Therefore, we cannot accept this part of the defendant's assertion.
B. A favorable sentencing factor or objective and neutral sentencing factor is acknowledged, such as the Defendant’s decision on the assertion of unfair sentencing was made in the first instance and later, was in violation of the depth while committing the crime; the Defendant’s tangible force exercised by the victim is relatively minor and the degree of indecent act is not serious; and the degree of indecent act is not determined to the degree of mental and physical disorder but appears to have been contingently committed while under the influence of alcohol.
However, the crime of this case, which is acknowledged by evidence, evidence law, and legal principles, has been sentenced to five years of imprisonment and five years of imprisonment due to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in 2006, for the following reasons: (a) the defendant, alone, committed a indecent act by force against a female juvenile who was under the age alone, by means of a deceptive scheme; (b) the crime of bodily injury by force in 1991; (c) the crime of bodily injury by force in 199; and (d) the crime of bodily injury by force in 199.