Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

The summary of the grounds for appeal (the part of the case of the defendant) mental and physical defendant and the person requesting an attachment order (hereinafter referred to as "defendant") were in a state of mental and physical loss or mental weakness due to drinking at the time of committing the instant crime.

The punishment sentenced by the court below (15 years of imprisonment, disclosure and notification order 10 years) is too unreasonable.

Judgment

According to the evidence duly admitted and examined by the lower court as to the Defendant’s mental and physical disorder claim, the Defendant is recognized to have a certain degree of drinking alcohol at the time of committing the instant crime.

However, in light of the fact that the Defendant prepared to commit the crime, such as locks, strings, knicks, and knicks in advance, and went to the place of the crime after driving his car, and the Defendant runs away in lieu of the crime process, etc., the Defendant was in a state that the Defendant had no or weak ability to discern things or make decisions due to drinking at the time of committing the crime.

subsection (b) of this section.

Even if the Defendant was in a state of mental disorder caused by drinking alcohol at the time of the instant crime, Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes need not apply to cases where a sexual crime was committed under the state of mental disorder caused by drinking or drugs, Article 10(1) and (2) and Article 11 of the Criminal Act.

Article 10(2) of the Criminal Act provides that “ insofar as the Defendant has taken a state of drinking due to drinking, it is reasonable to not apply Article 10(2) of the Criminal Act.”

Therefore, the defendant's ground of appeal disputing mental disorder is without merit.

Examining the various sentencing conditions in the instant case regarding the unfair argument of sentencing, the fact that the Defendant committed a crime and reflects the wrongness is favorable to the Defendant.

On the other hand, the crime of this case is knife of the victim who was found to have knife money and valuables by the defendant preparing the criminal tools, such as the wall, knife, knife, knife, and knife.