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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault against the defendant for forty hours.
Reasons
1. Summary of grounds for appeal;
A. The Defendant and the person requesting an attachment order (hereinafter “Defendant”) were in a state of mental disorder under the influence of alcohol at the time of each of the instant crimes.
2) The sentence sentenced by the lower court to the Defendant (one hundred months of imprisonment) is too unreasonable.
B. The lower court acquitted the Defendant of this part on the ground that there was no proof of the intention and commencement of quasi-rape, inasmuch as the Defendant did not proceed to sexual intercourse with the wind that the victim gets out of the bend of the bend of the bend of the victim E, in which the Defendant was deprived of his/her her clothes up to the bend of the bend of the bend. The lower court acquitted the Defendant of this part on the ground that there was no proof of the fact.
2. Determination
A. According to the evidence examined by the court below as to the defendant's mental disorder argument, it seems that the defendant was under drinking at the time of each of the crimes in this case, but in light of the background and method of the crime, and the circumstances before and after the crime, it does not seem that the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime.
The defendant was in a state of mental disorder at the time of committing the crime under paragraph (1) of the judgment below.
Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes need not apply to cases where a sexual crime is committed in the state of mental disorder caused by drinking or drugs.
Article 10(1) and (2) of the Criminal Act provides that “The Defendant committed a crime of attempted indecent act by force after intrusion upon a residence corresponding to a sexual crime, as seen below, as long as he was aware of the state of drinking at the time, and Article 10(1) and (2) of the Criminal Act regarding the above crime.