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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant with mental or physical disorder is under the influence of alcohol at the time of committing each of the instant crimes, and thus, he/she ought to be mitigated from punishment.
B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment, etc.) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and investigated by the court below, the defendant was somewhat drunk at the time of each of the crimes in this case.
However, in light of the following circumstances acknowledged by the above evidence, i.e., the background and means of the instant crime, the Defendant’s conduct before and after the instant crime, and the Defendant’s attitude to make a statement in the investigative agency, the Defendant was in a state of loss or lack of the ability to discern things at the time of the instant crime.
shall not be deemed to exist.
Therefore, the defendant's mental disorder cannot be accepted.
B. The degree of each indecent act in the instant case is very heavy to determine the illegality of sentencing.
shall not be required to do so.
① However, it is not good that the Defendant’s crime of this case committed an indecent act by force against two victims aged 19 and 16. ② The Defendant’s crime of this case seems to have caused considerable sexual humiliation and mental suffering due to the Defendant’s sudden crime. ③ In particular, in the case of the victim H (a) of the crime of this case as indicated in the judgment below, the Defendant and the victims did not reach an agreement, ④ the Defendant and the victims did not reach an agreement, ⑤ the Defendant again committed each of the crimes of this case despite the past record of the same kind of fine, and the attitude of the act was very similar. In addition, the Defendant’s age, sex, environment, motive, method, and consequence of the crime, the circumstances after the crime, etc., and the sentencing guidelines set by the Supreme Court sentencing committee.