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Defendant
In addition, all appeals filed by the claimant for observation order and the prosecutor are dismissed.
Reasons
1. Summary of the grounds for appeal (the part of the case against the defendant)
A. From around 2011, the Defendant and the claimant for the order to observe the protective device (hereinafter “Defendant”) took a large quantity of drugs, such as psychotropic drugs, such as a psychotropic drug, such as stroke, stroke, etc., on a daily basis, from around 201. Accordingly, each of the instant crimes was committed under the lack of ability to discern things or make decisions.
2) The punishment sentenced by the lower court to the Defendant (limited to six years of imprisonment, five years of employment restrictions on children and youth-related agencies, and three years of protection and observation) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Determination
A. As to the Defendant’s mental and physical disability argument, the lower court discussed the same or similar purport as the grounds for appeal, and according to the evidence duly adopted and examined by the lower court, the lower court acknowledged the fact that the Defendant suffered from ordinary depression, scarcity, and unstable disorder, but did not seem to have caused acts such as coercion or rape due to drugs taken by the Defendant, and in addition, in light of the circumstances surrounding and following the crime, the Defendant was in a state that the Defendant had weak ability to discern things or make decisions at the time of each of the instant crimes.
The defendant's assertion was rejected on the ground that it does not appear.
The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, each of the crimes of this case, are intended or forced to commit an indecent act against a victim who was diving by the defendant, and sexual intercourse is deemed to have been committed, and the victim is aware that he was in an impossible condition to resist due to sleep, and it appears to have been committed using it, and i) The victim was deprived of the victim at the time of committing an attempted indecent act by force (the crime of this case, i.e., the crime of this case) partially quasi-incompetent (the crime of this case).