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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. Defendant case 1) The Defendant and the person against whom the attachment order is requested (hereinafter “Defendant”)
(2) The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too vague and unreasonable, as it was under the influence of alcohol at the time of committing the crime, and thus, has to be mitigated.
B. It is unreasonable for the court below to order the defendant to attach an electronic device although the defendant does not pose a risk of recidivism.
2. Determination
A. According to the evidence duly adopted and examined by the court below as to the claim of unjust sentencing, the defendant is deemed to have committed the crime of this case while drinking alcohol. In light of the background and method leading to the crime of this case, the statement and behavior of the defendant before and after the crime of this case, etc., it does not seem that the defendant had no or weak ability to discern things or make decisions due to drinking at the time of the crime of this case. Thus, this part of the defendant's assertion on the claim of unjust sentencing is without merit. 2) The crime of this case was committed by the defendant on the ground that the defendant tried to commit sexual intercourse with the female victim under 14 years of age who lacks self-defense ability by force due to intellectual disorder in the park at the lower park, and the crime was committed in light of the content of the crime. Nevertheless, the defendant's criminal act was heavier in light of the content of the crime, and it is inevitable to punish the defendant with severe punishment corresponding to the crime.
In addition, even though the commission of a crime has been committed in an attempted attempt, the lower court, taking into account such circumstances, has determined the punishment within the scope of the punishment to be sentenced to attempted punishment, and in addition, the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime.