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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability.
B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.
2. Determination
A. According to the records of mental and physical disability, it is recognized that the defendant has alcohol alcohol ozone and was in a state of drinking at the time of committing the instant crime.
However, this part of the defendant's assertion is without merit, since the defendant did not seem to have had the ability to discern things or make decisions.
B. The Defendant is in a state of not having good health conditions due to the existence of alcohol, etc., and the Defendant seems to have repented the mistake in depth by recognizing the instant crime.
However, as the Defendant discovered that the victim without one-way transplant was diving, he stored two fingers in the negative part of the victim for about one minute, and then engaged in similar rape, such as rain.
Therefore, even though the victim seems to have a considerable degree of pain and shock, the defendant did not make any effort to recover damage to the victim.
The Defendant had a lack of social ties, such as long-term old-age living, which led to the instant crime, by finding out the aged and the aged, and drinking them again, at a hospital where they had been treated with alcohol ozone.
In full view of the aforementioned sentencing conditions against the Defendant, including the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, etc., as well as the sentencing guidelines for the Supreme Court’s sentencing committee, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.
Defendant’s assertion is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.