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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Part 1 of the case of the Defendant is the Defendant and the respondent for attachment order (hereinafter “Defendant”).
(2) The sentence (five years of imprisonment) imposed by the lower court on the ground of unfair sentencing is too unreasonable and unfair.
B. The attachment period of an electronic tracking device (20 years) declared by the court below against the defendant in the part of the claim for attachment order is too unfair.
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the assertion of mental disorder, it is recognized that the defendant committed the crime of this case while drinking alcohol, but in light of the background and method leading to the crime of this case, the horses and behavior of the defendant before and after the crime of this case, etc., the defendant did not have the ability to discern things or make decisions due to drinking alcohol at the time of the crime of this case.
Since it seems that the defendant was in a state or weak condition, the defendant's assertion of mental disorder is without merit.
B. There are circumstances that may be considered in light of the circumstances, such as the fact that the defendant's judgment on the assertion of unfair sentencing acknowledges the crime and wrong, and is likely to edification at the young age of 21 years.
However, the crime of this case was committed by the defendant leading the victim, who is a female juvenile under 18 years of age, to the rape, and the nature of the crime was heavy in light of the crime, and the victim was suffering from considerable physical and mental shock and pain. Nevertheless, there was no particular measure to recover from damage up to now. Furthermore, prior to the crime of this case, the defendant was sentenced to imprisonment with prison labor for 2 years and 3 years of suspended execution due to the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) before the crime of this case, and committed the crime of this case without being aware of it during the suspended execution period, and therefore, the defendant committed the crime of this case.