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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (1) Even though the Defendant committed the instant crime under the influence of alcohol and lacks the ability to discern things or make decisions, the lower court did not reduce due to mental or physical disability.
(2) The sentence imposed by the lower court on the Defendant (a fine of five million won) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Determination
A. Article 19 of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that "where a sexual crime against a child or juvenile is committed in the state of mental disorder caused by drinking or drug, Article 10 (1) and (2) and Article 11 of the Criminal Act may not apply to the defendant's claim of mental disability." Thus, the court below did not reduce the punishment of mental disorder against the crime of this case, which is a sexual crime against a child or juvenile, pursuant to Article 10 (2) of the Criminal Act, and there is no error of law that affected the conclusion of the judgment.
Therefore, the defendant's above assertion is without merit.
B. As to the assertion of unreasonable sentencing by the Defendant and the prosecutor, the crime of this case is an indecent act by force on a female juvenile under the age of 13 who returned home at night by the Defendant, and the nature of the crime is not weak.
However, in this case, the degree of exercise of indecent act and tangible force was not much severe, and the same force of the defendant has passed more than 20 years, and except that, the defendant has been only twice a minor fine, the defendant recognized the crime of this case and is in profoundly against the defendant, and considering all the factors favorable to the defendant, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime, etc., the sentence of the court below is appropriate, and it cannot be deemed unfair because it is too heavy or too unreasonable.
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