Defendant

In addition, the appeal by the requester for the order to observe the protection is dismissed.

At the time of committing the instant crime, the Defendant and the requester for the observation order to be protected (hereinafter referred to as the “Defendant”) had the weak ability to discern things or make decisions under the influence of alcohol.

The punishment sentenced by the court below (two years and six months of imprisonment, and five years of disclosure and notification of personal information) is too unreasonable.

Judgment

According to the evidence duly admitted and examined by the court below as to the argument on mental and physical weakness of the defendant in the part of the case of this case, the defendant is deemed to have drinking alcohol to a certain extent at the time when the crime of this case was committed. Meanwhile, the defendant was found to have been in a state that he had the ability to discern things or make decisions due to drinking, in light of the following circumstances: the defendant was in a state that he had the ability to discern things or make decisions by drinking, and was in a state that he was in a lack of ability to discern things due to drinking, by opening a door to the hospital; the defendant was reported to have a male guardian by opening a door to the sick room; the defendant was in a state that he was in a state where he was in a state of being in a state of being in a state of having the ability to open things or make decisions

It does not seem that it 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 the crime of this case.

Even if it is not reasonable to reduce the punishment against the defendant on the ground of mental and physical weakness in light of the nature and circumstances of the crime, such as the course and method of the crime, 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, the Defendant committed the crime.