The appeal of the defendant, the person who requested the attachment order and the person who requested the attachment order and the prosecutor to observe the order shall be dismissed.

1. Summary of grounds for appeal;

A. The Defendant and the person who requested the attachment order and the person who requested the attachment order and the person who requested the attachment order and the person who requested the attachment order and the person who requested the attachment order (hereinafter “Defendant”) to order the observation of the protective order at the time of the instant crime (hereinafter “Defendant”) should be mitigated inasmuch as they were physically and mentally weak as they were under the influence of alcohol at the

2) The punishment sentenced by the lower court to the Defendant (seven years of imprisonment, 120 hours of order, and 5 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 there is a risk that the Defendant would 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 assertion of mental and physical weakness requires not only mental disorder such as mental illness or abnormal mental condition but also mental disorder that lacks or reduces the ability to discern things or control action accordingly. Thus, even if a person with mental disorder is a person with mental disorder, he/she cannot be deemed a mental and physical disorder if he/she had normal ability to discern things and control action at the time of committing the crime (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 each of the crimes in this case is recognized.

However, the following circumstances acknowledged by the above evidence are as follows: (a) the defendant made a concrete and detailed statement at an investigative agency in the process of drinking and the amount of drinking at the time of the instant case; (b) the developments leading up to finding the victims; (c) the developments leading up to finding the victims; (d) the situation and behavior of the victims at the time of finding the victims; and (e) the defendant made a statement in a specific and detailed manner.