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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, a mentally and physically weak, committed the instant crime under the influence of drinking alcohol exceeding the main volume, and having weak ability to discern things or make decisions.
B. The sentence sentenced by the lower court to the Defendant (two years and six months of imprisonment) is too unreasonable.
(c)
Although there is a special reason to not disclose or notify the personal information to the accused, it is improper that the court below ordered the accused to disclose or notify the personal information for a period of three years.
2. Determination
A. In light of the circumstances, such as the background and means of the instant crime, the Defendant’s act before and after the instant crime was committed, which were acknowledged by the evidence duly adopted and examined by the lower court, the Defendant had no or weak ability to discern things or make decisions at the time of the instant crime.
does not appear.
Therefore, we cannot accept this part of the defendant's assertion.
B. As to the wrongful assertion of sentencing, the Defendant recognized the instant crime, thereby contravening his mistake.
The public stairs of the defendant's intrusiond place is not an indoor residential space for only the victim's family, but an indoor residential space.
In the first instance, the victim does not want the punishment of the defendant by agreement with the victim.
However, the crime of this case is not likely to be committed because the defendant intrudes into the common part of the residential building and forced indecent act against the victim, following the victim's return home.
As a result, not only caused a considerable sense of sexual humiliation but also caused a serious mental shock by committing a crime in the residential area where peace and safety should be guaranteed.
In around 2014, the Defendant, following a female returning home, committed rape, attempted rape, detained and rape.