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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Mental and physical disability [the part concerning the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse] was under the influence of alcohol at the time of committing this part of the crime, and the defendant was in the state of mental and physical disability. 2) The sentence imposed by the lower court of unfair sentencing (one year and six months of imprisonment, and two years of imprisonment, etc.) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Determination
A. According to the evidence duly admitted and examined by the lower court as to the Defendant’s claim of mental disability, it is recognized that the Defendant was in a state of drinking at the time of committing the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (similar act), but in full view of the background, method and method of the crime in this part, circumstances after the crime do not seem to have reached the state where the Defendant lacks the ability to discern things or make decisions due to drinking at the time of committing the crime of this part.
Therefore, the defendant's argument of mental disability is without merit.
B. Each of the crimes of this case on the assertion of unfair sentencing by both parties committed the crime of this case on the grounds that the defendant committed an indecent act by drinking alcohol at high school-friendly job-friendly victim and the her mother and drinking alcohol with the victim's panty, making the victim's panty in the process of doing so, frighting to the victim's drinking and her panty in the process of diving, and committed the crime of driving albba which has not been covered by mandatory insurance without being aware of even though she was under trial in the above case. In light of the circumstances, contents, results, etc. of each of the crimes, each of the crimes was serious, and the victim, who is a high school-friendly student, appears to have suffered a large mental and physical pain due to the sex crime of this case, etc., which is disadvantageous to the defendant.
On the other hand, the defendant has led to the confession of all of the crimes of this case, and has been detained on the date of the original judgment, and has repeatedly committed the prison life while living.