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The judgment below
The part of the defendant's case shall be reversed.
Defendant
In addition, the person who requested the attachment order shall be the victim C.
Reasons
1. Summary of grounds for appeal;
A. The punishment of the court below (the crime of interference with business against the victim C as stated in the original judgment: one month of imprisonment and the remaining crimes as stated in the original judgment: one year of imprisonment and one year and six months of imprisonment) is too unreasonable.
B. Prosecutor 1) Although the Defendant was under the influence of alcohol at the time of committing the instant indecent act by compulsion, it cannot be said that the Defendant was in a state of weak ability to discern things or make decisions due to that fact, and it is unreasonable to reduce the punishment on the ground that the Defendant was habitually in a state of mental disorder. 2) The lower court’s sentence is too uneasible and unfair.
3) Taking into account the following factors: (a) the relationship between the defendant and the victim whom the request for attachment order was dismissed; (b) the examination of the degree of assessment of recidivism risk against the defendant; and (c) the selection of mentally ill persons (PC-R evaluation result; and (d) the criminal records of the defendant, the risk of recidivism is recognized.
Therefore, the lower court’s dismissal of the request for the instant attachment order.
2. Determination
A. The following facts are acknowledged by the evidence duly adopted and examined by the court below as to the prosecutor's unjust assertion of reduction of mental and physical disability. In other words, the defendant: (i) discovered the victims and students in the bus stops who drink, sing and walking in the way around 1:0 p.m.; and (ii) found the victims and the above students, and added two ice 2 to them at a level near them about 1:0 p.m.; (iii) the defendant discovered the victims and the above students; and (iv) tell them of the victim and the above students; or (v) the victim called "I I I I am well sing," "I am going back to this wife."