The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for seven years.

A seized mother and child;

1. Summary of grounds for appeal;

A. The Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) have mental disorder caused by alcohol, and was in a state of mental disorder due to mental disorder and alcohol at the time of committing the instant crime.

B. The lower court’s imprisonment (one year of imprisonment) against the Defendant claiming unreasonable sentencing is too unreasonable.

2. Determination

A. The part 1 of the defendant's case is that according to the notice of the result of the mental diagnosis by the director of the medical treatment and custody center for the defendant submitted in the trial about the defendant's mental disorder, the appraisal is not deemed to have a normal sexual impulse disorder, but the defendant has a high level of alcohol abuse. However, it is deemed that the defendant was a state of mental disorder under the influence of alcohol at the time of the crime of this case, where the ability to distinguish things and make decisions has been deteriorated.

According to the facts acknowledged by the Defendant’s statement and the Defendant’s statement at the trial of the lower court, it is recognized that the Defendant drinks more quantity than the ordinary level of alcohol at the time of the instant crime. However, according to the evidence duly examined and adopted by the lower court, considering the following: (a) the Defendant stated in a relatively concrete memory before and after the instant crime; (b) the Defendant’s specific method and content of the crime; (c) dialogue with the victim; and (d) the circumstances after the instant crime, etc., the Defendant committed the instant crime under the circumstance that the Defendant did not lack the ability to discern things at the time. Even if the Defendant was in a state where the decision-making capacity was deteriorated due to alcohol use at the time of the instant crime, such as the written mental appraisal, even if the Defendant committed a sexual crime under a state of mental disability caused by alcohol use, the punishment may not be mitigated (Article 156, Dec. 18, 2012).