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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant and the respondent for an attachment order (related to the judgment of the first instance court) (hereinafter “Defendant”) are the mentally and physically handicapped Defendant and the respondent for an attachment order (hereinafter “Defendant”).
(2) The Defendant cannot be punished or the sentence should be mitigated, because the Defendant was under the influence of alcohol at the time of committing the instant crime, because he was under the influence of alcohol and thus, was unable to discern things or lack the ability to make a decision. (2) The punishment of the Defendant (one year and six months of imprisonment, etc.) sentenced by the first instance court of unfair sentencing is too unreasonable.
B. It is unreasonable for a prosecutor (related to the judgment of the court of first instance) to dismiss a request by the court of first instance for an attachment order of an electronic tracking device even though the defendant is likely to recommit a sexual crime.
2. Determination
A. According to the evidence duly admitted and examined by the first instance court as to the Defendant’s assertion of mental disorder, it does not seem that the Defendant’s assertion of mental disorder was in a state of being in a state of being in a state of drinking alcohol at the time of the instant crime, considering the following: (a) although it is recognized that the Defendant had been in a state of drinking alcohol at the time of the instant crime; (b) after checking whether the victim was in a house, the victim’s house was involved; and (c) after checking the victim’s fault, the Defendant’s act before and after the instant crime was committed; and (d) taking into account the background of the instant crime, method of the crime, and the Defendant’s act before and after the instant crime was committed, it does not seem that the Defendant was in a state of being in a state of having lost or lacking the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime. Therefore, this part of the Defendant’s assertion is without merit.
However, the defendant committed the crime of this case against the victim who was married with the female living together with the defendant.