Defendant

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

1. Summary of grounds for appeal;

A. On July 31, 2017, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) were in a state of mental and physical weakness under the influence of alcohol at the time of the instant crime.

B. In light of the fact that a person recognized an unfair crime of sentencing and commits any contingent crime under the influence of alcohol, the lower court’s sentencing (a period of eight years of imprisonment, 80 hours of order completion, etc.) is too unreasonable.

2. Determination

A. As to the assertion of mental and physical weakness, even if the defendant drank alcohol as alleged at the time of the crime of this case, in light of the motive, circumstance, means and method of the crime of this case, the situation at the time of the crime of this case, etc., the defendant had weak ability to discern things or make decisions.

does not appear.

Defendant’s assertion is without merit.

B. As to the wrongful assertion of sentencing, the lower court, as indicated in its reasoning, determined the Defendant’s punishment by taking account of the favorable or unfavorable circumstances against the Defendant.

The circumstances alleged by the Defendant were already considered in the course of the sentencing hearing of the lower court, and there was no change in circumstances that could change the sentence of the lower court in the trial.

In full view of all the sentencing conditions stipulated in Article 51 of the Criminal Act, as shown in the hearing of the lower court and the party, the lower court’s sentencing exceeded the reasonable scope of discretion, or is unfairly heavy as the grounds for appeal.

subsection (b) of this section.

Defendant’s assertion is without merit.

(c)

As long as the defendant filed an appeal against the part of the case of the defendant, the part on which the application for attachment order is filed under Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., shall be deemed to have been filed. However, the grounds for appeal regarding the part on which the application for attachment order is filed shall be stated in the petition of appeal filed by the defendant and his defense counsel