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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. As to the Defendant’s case, the Defendant and the person who requested an attachment order (hereinafter “Defendant”) were in a physical and mental state under the influence of alcohol at the time of committing the instant crime.
2) The sentence of the lower court’s improper sentencing is too unreasonable.
B. It is unreasonable for the court below to order the defendant to attach an electronic tracking device for a period of three years, since there is no risk that the defendant will recommit a sexual crime.
2. Determination
A. 1) According to the record as to the Defendant’s argument of mental and physical weakness, the fact that the Defendant was in a drinking condition at the time of committing the instant crime is recognized.
However, in light of various circumstances, such as the background and method of the instant crime, the Defendant’s act before and after the instant crime, which was duly adopted and examined by the lower court, there was a lack of ability to discern things or make decisions under the influence of alcohol.
It does not seem that it does not appear.
Therefore, this part of the defendant's argument is without merit.
2) As to the unlawful assertion of sentencing, the crime of this case is an indecent act committed by the defendant by force against the victim (six years olds) who has yet to have yet to have physical and mental maturity, and the nature and circumstances of the crime are significant, and the victim seems to have been subjected to considerable mental impulse, and the defendant has been subject to criminal punishment for the same crime two times, as well as the fact that the defendant committed the crime of this case during the period of suspended execution due to the same crime, and that there is no agreement with the victim.
The fact that the defendant recognized the crime of this case and reflected his mistake is favorable to the defendant.
In addition, various circumstances, such as the defendant's age, sex, family relationship, environment, etc., and the result of the application of sentencing guidelines by the Supreme Court's sentencing committee.