Defendant

In addition, the appeal by the requester for the order to observe the protection is dismissed.

1. The lower court rendered a judgment dismissing the prosecutor’s claim regarding the part of the case for which the request for attachment order was filed, with respect to each of the Defendant’s convictions, the lower court sentenced the Defendant to be subject to the observation of protection regarding the claim for attachment order.

On the other hand, since only the defendant and the claimant for the order to observe the protective order (hereinafter "defendant") have appealed, there is no benefit of appeal as to the part of the request for the attachment order.

Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court.

2. Summary of reasons for appeal;

A. The Defendant, at the time of committing each of the instant crimes, was in a state of mental and physical weakness by drinking alcohol.

B. The punishment sentenced by the lower court (seven years of imprisonment) is too unreasonable.

(c)

When considering the fact that there is no high risk of recidivism by the criminal defendant in violation of the protective observation order, it is unfair that the court below ordered the criminal defendant to undergo the protective observation for a period of three years.

3. Determination

A. In the lower court’s determination on the assertion of mental disorder, the Defendant argued to the effect that he was in a state of mental and physical weakness by drinking alcohol at the time of each of the instant crimes, and the lower court held that the Defendant was aware that he had a little amount of drinking alcohol at the time of each of the instant crimes, but was in a state of weak ability to discern things or make decisions under the influence of alcohol at the time

The defendant's assertion was rejected.

According to the evidence duly admitted and examined by the court below, the following facts are acknowledged: (a) as a result of the Defendant’s prior examination of alcohol using disorder, the level of alcohol addict is 28 points in total; and (b) the Defendant appears to drink even at the time of each of the crimes of this case, it is found that the Defendant was at the time of the crime of this case.