beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The crime of this case committed by the defendant with mental or physical weakness was committed under the state of mental or physical weakness due to extreme stress and shock disorder at the time of the crime.
B. The sentence sentenced by the court below to the defendant (one hundred months of imprisonment) is too unreasonable.
2. Determination
A. According to the records on the assertion of mental and physical weakness, it is recognized that the defendant was under stress due to the actual injury and committed the crime of this case. However, in light of the circumstance leading up to the crime, the method and mode of the crime, the situation at the time of the crime and the result of the mental appraisal of the defendant conducted at the appellate court, etc., the defendant was suffering from sexual preference disorder (the above disease does not affect the ability to discern things and make decisions) at the time of the crime of this case, and it does not seem that the defendant suffered from the sexual preference disorder at the time of the crime of this case and did not have a weak ability to discern things or make decisions due to shock disorder. Thus, the defendant's mental and physical weakness argument is rejected.
B. Although there are favorable circumstances for the defendant, such as the fact that the defendant recognized and reflected the instant crime, and that the victim expressed his/her intent not to want the punishment at the lower court, the defendant was sentenced to a suspended sentence of two years and four years of suspension of execution on the grounds of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc. in Residence) around 2013 and the Act on the Punishment, etc. of Sexual Crimes (Habitual Intrusion) around October 29, 2014, and committed the instant crime on August 27, 2015 by being sentenced to ten months of imprisonment and being sentenced to the same violation of the Punishment of Violence, etc. Act (Habitual Intrusion) on August 27, 2015.