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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. The Defendant and the person subject to a request for an attachment order (hereinafter “Defendant”) (hereinafter “Defendant”) committed rape on July 26, 2012, despite the fact that the Defendant threatened the victim by verbally threatening him/her, there was no threat in knife or rape. On July 30, 2012, the Defendant did not engage in rape without his/her memory under the influence of alcohol that threatened the victim, and on August 14, 2012, he/she was the same as having a knife, but did not rape without any memory that threatened the victim.
(2) At the time of physical and mental disorder, the Defendant had no or weak ability to discern things or make decisions under the influence of alcohol.
(3) The sentence imposed by the lower court on the Defendant (six years of imprisonment) is too unreasonable.
(4) The judgment of the court below that ordered the attachment of an electronic device and matters to be observed although the defendant in the attachment order case does not pose a risk of recommitting a sexual crime is erroneous and has affected the conclusion
B. The Prosecutor’s sentence imposed by the Defendant is too uneasible and unreasonable.
2. Determination
A. The following circumstances acknowledged by the lower court’s duly adopted and investigated evidence on the Defendant’s assertion of mistake of facts, namely, ① the victim had consistently met from the police to the court of the lower court, to the point of view, “On July 26, 2012, the Defendant neglected the Defendant’s own family and threatened the Defendant with his knife, taken the Defendant’s house in a knife and inserted the Defendant’s water at his own sexual bath, and took the knife and inserted the Defendant’s water at his own sexual bath at the Defendant’s home, and inserted the Defendant’s knife at the Defendant’s bath at the latter bath on July 30, 2012, and caused a threat to the Defendant’s sexual intercourse,” and “on August 14, 2012, the victim sent his own male-child house to G. her own sexual intercourse with the victim.”