Defendant

In addition, all appeals filed by the person requested to attach an attachment order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant and the requester for an attachment order (hereinafter “Defendant”) were physically and mentally weak: At the time of committing the instant crime, the Defendant and the requester for an attachment order (hereinafter “Defendant”) were in a state of mental and physical weakness by drinking.

2) Improper sentencing: The lower court’s punishment (two years and six months of imprisonment) is too heavy.

B. Prosecutor’s improper sentencing: The lower court’s sentence is too minor.

2. Determination on the part of the case of the defendant

A. According to the records on the Defendant’s argument of mental and physical weakness, even though the Defendant was aware that he had a considerable amount of drinking prior to the instant crime, in view of various circumstances such as the background leading up to the instant crime, the means and method of the instant crime, and the circumstances after the instant crime, the Defendant had the ability to discern things or make decisions due to drinking at the time of the instant crime.

It is not visible.

Even if the defendant had committed a sexual crime under the mental and physical weakness due to drinking.

Even if a sexual crime is committed in the state of mental disorder caused by drinking alcohol, Article 10(1) and (2) of the Criminal Act may not apply (Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes). Therefore, this part of the assertion is rejected.

B. We also examine both parties’ unfair claims for sentencing as to both parties’ claim for sentencing.

The crime of this case is an indecent act committed by the Defendant, who is a child under the age of 10, who is a child of 10, who is living together, leading the Defendant to the Defendant’s sexual organ and showing the Defendant’s sexual organ. In light of the victim’s age, background and method of the crime, place of the crime, etc., the crime is very poor in light of the victim’s age, method of the crime, and place of the crime, not an indecent act directly contacted the victim’s body, but an indecent act in a way that directly contacts the victim’s body, which makes it impossible for the victim to be avoided from being exposed to another location, as well as an indecent act committed by the victim to take the victim’s hand

shall not be deemed to exist.

Moreover, the Defendant committed under drinking.