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Defendant
In addition, all appeals filed by the person requested to attach an attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant crime, the Defendant and the requester for the attachment order (hereinafter “Defendant”) had a mental and physical loss or mental weakness at the time of committing the instant crime, and the lower court erred by misapprehending the legal doctrine, even though the Defendant and the requester for the attachment order were in a state of mental and physical loss or mental weakness at the time of the instant crime, and the exemption or mitigation of the sentence was a reason for exemption or mitigation.
2) The sentence sentenced by the lower court to the Defendant (one year of imprisonment, etc.) is too unreasonable.
3) The improper period of the attachment order of an electronic tracking device (10 years) is too long to be extended.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Determination
A. In full view of the following facts: (a) Defendant 1’s mental and physical assertion; (b) Defendant 1’s mental and physical assertion; (c) the process, means, and method of the instant crime established by the evidence duly adopted and investigated by the lower court; (d) Defendant’s speech before and after committing the instant crime; and (e) Defendant 1’s statement at the investigative agency of the victim and the victim; and (e) the Defendant had no or weak ability to discern things or make decisions due to dementia, etc. at the time of committing the instant crime.
Therefore, the defendant's above assertion is without merit.
2) There are many favorable circumstances in favor of the Defendant, as shown in the trial process of the lower court and the first instance court (the degree of injury suffered by the victim due to the instant crime), which are favorable to the Defendant (the crime in this case is not limited to the degree of injury suffered by the victim), the crime of rape of the basic criminal itself is about attempted, the Defendant is an incurable patient, and the Defendant is divided into his mistake.
Various unfavorable circumstances (such as the statement being made) and various unfavorable circumstances (the crime of this case committed by the defendant is very serious in light of the details and contents of the crime, means and methods, the result, and the circumstances after the crime.