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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was under the influence of alcohol at the time of committing each of the instant crimes, and was in a state of mental disability or mental disability.
The judgment of the court below which did not reduce punishment or acquittal is erroneous in the misapprehension of legal principles as to mental and physical disorder, which affected the conclusion of judgment.
B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (the imprisonment for eight months, the completion of 80 hours in sexual assault treatment programs, and the disclosure and notification of information and communications networks five years) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined in the lower court’s determination on the assertion of mental and physical disorder, it is recognized that the Defendant was in a drinking condition at the time of each of the instant crimes, but the Defendant did not have the ability to discern things or make decisions due to the fact, in light of the circumstances surrounding each of the instant crimes, the details, and the circumstances after the crime.
in such a manner as to be deemed to have been or weak.
The defendant's mental disorder is without merit.
Although the court below erred in omitting judgment as to the defendant's mental disorder, it does not reverse the judgment of the court below on the ground that the conclusion of the judgment is not affected.
B. The defendant's decision on the assertion of unfair sentencing recognizes a crime and is in profoundly against the defendant.
However, on June 12, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. at the Daegu District Court on March 12, 2009, and committed each of the crimes in this case during the period of repeated crimes after the execution of the sentence was completed on October 8, 2012.
While the defendant is pending in a trial on the same kind of case, each of the crimes of this case is heavier than the nature of the crime.
The victims' age and each of the crimes of this case appeared to have suffered severe mental shocks due to the late nights.
In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the court below's sentence is imposed.