Defendant

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

1. Summary of grounds for appeal;

A. Defendant case 1) The Defendant and the person against whom the attachment order is requested (hereinafter “Defendant”)

A) At the time of the instant crime, the Defendant was in a state of mental disability under the influence of alcohol. 2) The sentence imposed by the lower court of unreasonable sentencing (one year and six months of imprisonment, etc.) is too unreasonable.

In addition, it is improper that the court below imposes an order to disclose and notify personal information on the defendant.

(b) It is improper to issue an order to attach an electronic tracking device to a location-based electronic device to a defendant who requests an attachment order within a specified period of ten years too long, even though he/she does not pose a risk of recidivism of sexual crime

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, it is recognized that the defendant was in a state of drinking alcohol at the time of the crime in this case. However, in light of the following: (a) the background and means of the crime committed by the evidence, the behavior of the defendant before and after the crime; and (b) the defendant's statement from the investigative agency to the criminal investigation agency to memory the victim's process; and (c) the defendant merely denied the criminal intent of rape, it is not deemed that the defendant did not have a state of lacking the ability to distinguish things at the time of the crime ( even if the defendant was in a state of mental disability, the application of Article 10 of the Criminal Act is excluded pursuant to Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

2) As to the assertion of unreasonable sentencing, there are no new circumstances or changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment.

Furthermore, the sentencing factors stated in the reasons for sentencing in the judgment of the court below, and the age, character and conduct, environment, motive and means of crime, and the result thereof, as well as various conditions of sentencing indicated in the arguments and records in this case.