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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 (hereinafter “Defendant”)
(2) The sentence (one-year imprisonment) imposed by the lower court of unreasonable sentencing is too unreasonable, as it is too unreasonable, at the time of each of the instant crimes as intellectual disabled persons.
B. Prosecutor 1) The sentence imposed by the lower court in the part of the Defendant’s case is too unfilled and unreasonable. 2) It is unreasonable for the lower court to dismiss the Defendant’s request for attachment order of a location tracking device despite the risk of recommitting a sexual crime.
2. Determination
A. According to the records on the Defendant’s assertion of mental disorder, it is found that the Defendant was a disabled person of Grade III with intellectual disability, with intelligence index below 45, and social age below 13 years and 4 months. However, in light of the background and method leading to each of the crimes of this case, the Defendant’s speech and behavior before and after each of the crimes of this case, etc., it is not deemed that the Defendant had a state of lacking ability to discern things or make decisions due to intellectual disorder at the time of each of the crimes of this case. Thus
B. We also examine the Defendant and prosecutor’s assertion of unfair sentencing regarding the Defendant and prosecutor’s assertion of unfair sentencing.
There are circumstances that can be considered in light of the circumstances, such as the fact that the Defendant has recognized all of the crimes of this case and committed each of the crimes of this case, and there is no history of criminal punishment against the Defendant, and that the Defendant, a disabled person of Grade III with intellectual disability, was living together with a victim with a second degree disability with intellectual disability, but the degree of the physical force inflicted on the victim at that time was not relatively much serious.
On the other hand, each of the instant crimes committed by the Defendant, using the victim’s intellectual disability, was raped on six occasions.