Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant and the person who requested the attachment order (hereinafter “Defendant”) to whom the Defendant and the person who requested the attachment order to whom the physical and mental disorder was sought, should not be punished or mitigated, inasmuch as the physical and mental loss or mental weakness was under the influence of alcohol at the time of the instant crime.

2) The punishment sentenced by the lower court to the Defendant (one year of imprisonment, 80 hours of order, and 3 years of disclosure and notification of disclosed information) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant in the part of the case against the Defendant is too unfasible and unreasonable.

2) It is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case even if the part of the request for attachment order is likely to recommit a sexual crime

2. Determination on the defendant's case

A. The mental disorder stipulated in Article 10 of the Criminal Act regarding the Defendant’s claim for mental disorder requires not only mental disorder such as mental illness or abnormal mental condition, but also mental disorder such as mental disorder lacks or decrease in the ability to discern things or control action accordingly. Thus, even if a person with mental disorder is a person with a normal mental disorder at the time of committing the crime, it shall not be deemed a mental disorder if he/she had the ability to discern things and control action (see, e.g., Supreme Court Decision 92Do1425, Aug. 18, 192). According to the evidence duly adopted and examined by the court below, the fact that the Defendant was under the influence of alcohol at the time of committing the instant crime is recognized.

However, the following circumstances acknowledged by the above evidence, namely, the defendant's motive and background leading up to the crime of this case at an investigative agency, the situation before and after the crime of this case, and the victim's situation or behavior at the time, etc., are specifically stated in detail. The circumstances and methods of the crime of this case, the defendant's behavior before and after the crime of this case, the victim's statement contents, and the defendant's person who committed the investigation agency.