The defendant's appeal is dismissed.

At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions under the influence of alcohol.

The punishment sentenced by the court below (4 years of imprisonment, 40 hours of completion of sexual assault treatment programs) is too unreasonable.

Judgment

According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical weakness, the defendant was deemed to have had the ability to discern things or make decisions due to drinking, in light of the circumstances leading to the crime of this case, the means and method of the crime of this case, the defendant's speech before and after the crime of this case, and the circumstances after the crime of this case.

does not appear.

In particular, according to Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 10 of the Criminal Act may not apply to a sexual crime committed in the state of mental disorder caused by drinking.

The defendant was in a state of mental and physical weakness due to drinking at the time of committing the crime.

Even if the crime of this case is committed, it is not reasonable to reduce the punishment against the defendant on the ground of mental and physical weakness in view of the nature and circumstances of the crime, such as the process, method, place, relationship with the victim, etc.

I would like to say.

Therefore, the defendant's ground of appeal disputing mental and physical weakness is without merit.

Examining the various sentencing conditions in the instant case regarding the unfair argument of sentencing, it appears that the Defendant appears to reflect the wrong when committing the crime, and that the Defendant appears to have committed a crime under the influence of alcohol rather than the level of mental and physical weakness. In the lower court, the victim and his family members are not wanting to punish the Defendant, the victim’s appeal against the Defendant’s wife is without any history of criminal punishment exceeding the same kind of power or fine, and there is no history of criminal punishment.