In addition, the appeal by the person who requested the attachment order is dismissed.

A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state with weak capacity to discern things or make decisions.

B. In light of the fact that the Defendant, while under the influence of an unreasonable sentencing, committed the instant crime in a contingent manner, and is in profoundly against the mistake, the sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

C. Inasmuch as the Defendant’s risk of recidivism is not recognized, it is unreasonable for the lower court to impose an attachment order of an electronic device.

2. Determination

A. (1) According to the judgment on the part of the defendant's case, it is recognized that the defendant was in a state of drinking alcohol at the time of the crime of this case, but in light of the circumstances of the crime of this case, the method and content of the crime of this case, the defendant's behavior and attitude before and after the crime of this case, etc., it does not seem that the defendant had the ability to discern things or make decisions under the influence of alcohol

Therefore, the defendant's argument of mental disability is without merit.

(2) In full view of the following factors: (a) the Defendant was sentenced to six years of imprisonment due to the crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc.; and (b) the Defendant committed the same crime during the period of repeated crime after the execution of the sentence was completed; (c) the Defendant did not take any measures to recover the victim’s damage; (d) the Defendant was physically and physically affected by considerable shock and pain; and (e) the Defendant’s age, character and behavior, environment, family relationship, motive of the crime; (e) motive of the crime; (e) the means and consequence of the crime; and (e) the recommended sentencing guidelines set by the Sentencing Commission, including the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

Accordingly, the defendant's status.