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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the crime.
B. The sentence of the lower court (two years of imprisonment with prison labor) is too unreasonable.
2. Determination
A. In full view of the circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical disorder, the facts that the Defendant was under the influence of alcohol at the time of a certain crime are deemed to have been aware of the fact that the Defendant was under the influence of alcohol at the time of the crime, but the ability to discern things or make decisions was lost or weak.
Therefore, the defendant's above assertion is without merit.
B. In light of the following: (a) the victims wished to take the Defendant’s preference against the judgment of the court below in addition to the grounds for sentencing as stated by the court below; and (b) the various sentencing conditions indicated in the records and arguments, including the Defendant’s age, sexual conduct, environment, and circumstances after the crime, the sentence of the court below is too unreasonable.
3. The defendant's appeal is with merit, and the judgment of the court below is reversed and it is again decided as follows.
Criminal facts
The main judgment of the court below is as follows.
Application of Statutes
1. In full view of the pertinent legal provisions on criminal facts, Articles 351, 350(1) of the Criminal Act’s choice of criminal punishment (a) and Articles 352, 351, and 350(1) (a) of the Criminal Act (a person who habitually commits a crime) and attempts to habitually commit a crime and to habitually commit a crime, the choice of imprisonment;
1. Determination of the sentence like the order shall be made in consideration of the sentencing conditions described earlier in Article 35 of the Criminal Act for aggravated repeated crimes.