Text
The defendant's appeal is dismissed.
The judgment below
Of the "order", 40 hours for the defendant.
Reasons
1. Summary of grounds for appeal;
A. The Defendant with mental or physical disorder was committed in the state of being taken back at the time of committing the instant crime.
B. The lower court’s sentence of unreasonable sentencing is too unreasonable.
C. There are special circumstances in which the Defendant should not disclose and notify personal information in relation to the disclosure order.
2. Determination
A. According to the evidence duly admitted and examined by the court below regarding the assertion of mental disorder, the defendant is deemed to have served alcohol at the time of the crime of this case, but the defendant did not have the ability to discern things or make decisions due to the fact.
Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.
B. The instant crime of this case regarding the assertion of unfair sentencing is deemed to have been committed by the Defendant by intrusion on the part of the Defendant’s mother room where the victim is his own, and thus, the nature of the crime is not weak, and the victim wants to punish the Defendant, and taking into account the following factors: the Defendant’s age, character and behavior, family environment, motive and circumstance of the crime, and circumstances before and after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is not reasonable.
C. In full view of the background leading up to the instant crime, including the relationship between the Defendant and the victim, regarding the assertion regarding the disclosure disclosure order, there is no special circumstance for the Defendant to not disclose or notify personal information. Thus, the Defendant’s assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.
However, the judgment below’s order to attend the sexual assault treatment lecture is clearly stated that “the completion of the sexual assault treatment program is ordered,” and that “an order to attend school” in the application of the statutes is each clerical error in the order to undergo the sexual assault treatment.