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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.
B. The sentence sentenced by the lower court (six months of imprisonment, two years of suspended execution, two years of protection observation) is too unreasonable.
2. Determination
A. In light of the following circumstances: (a) acknowledged by the record as to the assertion of mental and physical weakness, the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of committing the crime; (b) the process leading up to the instant case; (c) the means and method of committing the crime; (d) the Defendant’s attitude and behavior before and after the crime; and
It does not appear.
Therefore, we cannot accept this part of the defendant's assertion.
B. As to the wrongful assertion of sentencing, the Defendant recognized the instant crime, thereby contravening his mistake, and endeavoring to improve his state by continuously receiving mental treatment after the instant crime was committed.
The defendant seems to have committed the crime of this case in a somewhat contingent manner under the influence of alcohol, and there is no criminal record who has been punished more than a suspended sentence.
However, the crime of this case does not suppress the Defendant's sexual impulses, and does so in the park where many unspecified people come to and out of the past, and does not take the sexual impulse.
When considering the fact that a woman who observed the instant crime appears to have suffered a considerable sexual humiliation and mental impulse, as a obscenity, the crime’s nature is not easy.
In addition, even though the defendant had already committed the same kind of crime and had been punished for a fine more than three times, he repeatedly committed the crime of this case when he was aware of distorted perceptions and attitudes about sexuality and his attitude of acceptance. Thus, the defendant cannot be held liable for criminal liability corresponding thereto.
The above circumstances and circumstances.