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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for eight years and for three years, respectively.
However, the defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendant A et al. at the time of committing the instant crime, Defendant A et al. was found to be in a state of mental disorder (a mental disorder), and ② The lower court’s punishment (a 10 years of imprisonment, confiscation, 80 hours of order to complete a program, and 10 years of order to disclose or notify) is too unreasonable.
(F) 2.2
Defendant
B The Defendant was in a state of mental disability due to intellectual disability at the time of committing the crime of rape, etc. in this case without any conspiracy with A, or there is no fact that he shared the commission of the act (a factual error), and ② at the time of committing the crime of rape, etc. in this case, and ③ The sentence of the lower court (five years of imprisonment) is too unreasonable.
2. Determination
A. According to Defendant A’s assertion of mental and physical disability, according to the records, the fact that the Defendant was in a state of drinking alcohol at the time of committing the crime of rape, etc. injury. However, in light of the motive and circumstance of the crime of rape, etc. injury by rape, etc., the method and method of the crime, and the circumstances before and after the crime, etc. recognized by the evidence duly adopted and investigated by the lower court, it is difficult to view that the Defendant was in a state of lacking the ability to discern things at the time of the crime, and therefore, this part of the Defendant’s assertion of unfair sentencing is without merit. 2) The Defendant’s each crime of this case is very poor, and in particular, it is difficult to punish the Defendant again during the period of repeated crime and severely.
However, the defendant led to the confession of the crime of this case and his mistake in depth, the defendant appears to have committed the crime of injury by rape, etc. of this case by contingency while drinking, and the crime of this case is about attempted, and each of the crimes of this case is not deemed to have committed the crime systematically. In addition, various circumstances such as family relation, age, character and behavior, environment, motive and circumstance of the crime, means and consequence, the circumstances after the crime, and the sentencing guidelines of the Sentencing Committee shall be comprehensively taken into account.