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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant and the respondent for an attachment order; 1) Defendant and the respondent for an attachment order (hereinafter “Defendant”) are only the Defendant and the respondent for an attachment order.
(2) The Defendant, who was under the influence of alcohol at the time of committing the instant crime, was under the influence of alcohol so that the first instance court did not recognize it. The lower court erred by misapprehending the legal doctrine or misunderstanding the fact. (2) The sentence of imprisonment (7 years of imprisonment, etc.) imposed on the Defendant by the first instance court is too unreasonable.
(b) The sentence imposed by the first instance court on the Defendant is too unfased and unreasonable;
2. Determination
A. The following circumstances acknowledged by the evidence duly admitted and investigated by the first instance court as to the assertion of mental and physical disorder, namely, it appears that the Defendant was aware that the Defendant had drinking alcohol at the time of committing the instant crime and had an attitude to depend on a somewhat breath alcohol. However, in light of the Defendant’s behavior before and after the instant crime, it is difficult to deem that the Defendant was under the influence of alcohol at the time of committing the instant crime, and thus, the Defendant was in the state of having lost or weak ability to discern things or make decisions.
Therefore, this part of the defendant's argument is without merit.
B. As to the assertion of unfair sentencing, it is recognized that there are favorable factors for sentencing, such as the defendant's recognition of his criminal act against his own will, suffering from the reliance on alcohol use, and the fact that there has been no history of punishment for sexual crimes until now.
On the other hand, the defendant committed several assaults against the wife C, and committed indecent acts by force on the part of the victim D, who is his or her aged married, and attempted rape in the middle of a rapid season, and the crime committed very spawn and badly, and the victim D suffered a big mental or physical pain, and caused a great trouble in the formation of a sound sexual concept.