Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of the instant crime, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) had weak ability to discern things or make decisions.

B. In light of the circumstances of unfair sentencing against the defendant and the fact that the defendant's mistake is against the defendant, the punishment imposed by the court below (eight years of imprisonment) is too unreasonable.

C. The lower court’s order to attach a location tracking electronic device is unlawful since the Defendant’s attachment order risks of sexual crime and recidivism.

2. Determination

A. The part 1 of the defendant's case in light of the circumstance and contents of the crime, the defendant's behavior and attitude expressed before and after the crime, etc., although it is acknowledged that the defendant had been under the influence of alcohol at the time of the crime, it is not judged that the defendant was in the state of mental and physical disability. Thus, the defendant's argument on the mental and physical disability of the defendant is without merit. 2) The defendant's argument on the crime of unfair sentencing in this case is a threat to rape once by threatening the defendant's face of the victim D (n, 47 years old) who is an employee at a Chinese restaurant where the defendant was on his/her duty several occasions, as he/she turns out to be a minor who is a dangerous and dangerous object, and suffered injury to the victim, such as the left-hand side of the defendant

According to the records, it is recognized that there are unfavorable factors of sentencing such as the defendant's mistake and the fact that the defendant should support her mother who is administering her disease, and the victim's physical and mental suffering, the defendant has been sentenced to punishment for rape injury in the past, the defendant has been sentenced to punishment due to rape injury in the past, the damage recovery has not been made up until now, and the victim is punished.

The above factors of sentencing, the scope of the recommended sentencing guidelines set by the Supreme Court Sentencing Committee (one year to one year), the age, character and conduct of the defendant.