Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state that he lacks the ability to discern things or make decisions due to the symptoms of alcohol dependence and shock adjustment disorder.

2) The sentence of the lower court’s unfair sentencing (a three-year imprisonment, etc.) is too unreasonable.

B. The sentence imposed by the Prosecutor is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, including the result of mental appraisal conducted by the defendant with respect to the defendant's mental and physical weakness, it is recognized that the defendant was suffering from disease such as her alcohol dependence at the time when the crime of this case was committed, and that the defendant was suffering from disease such as her alcohol dependence.

However, the following circumstances acknowledged by the evidence are as follows: (a) the Defendant: (i) confirmed the victim working at the convenience store prior to the crime of rape in this case by asking working hours and time to work for the victim; and (ii) prepared to commit the crime closely in advance, such as committing the above crime at the new wall time zone without any other customer; (iii) led the victim’s head bond to the warehouse located inside the convenience store for the purpose of facilitating the crime at the time of the crime; and (iv) the Defendant escaped out of the convenience store after the victim opened a convenience store; and (v) in light of the overall progress of the crime in this case, the Defendant is relatively accurately memoryd with the overall progress of the crime in this case; and (v) did not appear to have a lack of ability to distinguish things or ability to make decisions due to the alcohol or the above disease.