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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) shall be mitigated on the ground that they were under the influence of alcohol at the time of committing the instant crime, and thus, they were in a state of mental disorder.
B. The sentence imposed by the lower court (six years of imprisonment, five years of disclosure and notification order, etc.) is too unreasonable.
C. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device, although the Defendant did not pose a risk of recommitting a sexual crime.
2. Determination
A. According to the evidence duly admitted and investigated by the court below regarding the claim of mental disability, the defendant may be found to have committed the crime of this case under the influence of alcohol. However, in light of the circumstances before and after the crime of this case, the background leading to the crime, the defendant's behavior at the time, the statement made by the investigation agency and the court, etc., it cannot be deemed that the defendant had weak ability to discern things or make decisions due to drinking at the time of committing the crime of this case.
Therefore, this part of the Defendant’s assertion is difficult to accept.
B. Rape, which is a basic crime to determine on the assertion of unfair sentencing, is recognized as favorable sentencing factors, such as: (a) the attempted rape is committed; (b) the defendant appears to have committed the instant crime contingently; and (c) the defendant recognizes the Defendant’s criminal act and seriously reflects it.
However, the facts of the instant crime and the crime acknowledged by the evidence, the rules of evidence, and the legal principles are as follows: (a) the Defendant invadedd a neighbor’s residence at night and inflicted rape on a victim of 62 years old age; (b) the nature of the crime is bad; (c) the victim suffered a large physical and mental damage; and (d) the victim’s physical and mental damage is likely to be at a risk of being deprived of life due to the characteristics of a narrow village community; and (c) the Defendant did not reach an agreement with the victim.