Defendant

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

1. Summary of grounds for appeal;

A. In the case of the crime of this case, the mentally ill-incompetent or the person against whom the attachment order was requested (hereinafter “defendant”) was in the state of loss or degradation of the capacity to discern things due to the intoxication of alcohol at the time of the crime of this case, i.e., the state of mental disorder or mental

B. The lower judgment ordering the Defendant to attach an electronic tracking device, even though the Defendant sent the victim a 10-year call with the victim and love the victim’s children as friendly, is unreasonable.

C. The lower court’s sentence (three years of imprisonment, ten years of order to attach an electronic device) against the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly admitted and investigated by the court below, the defendant was found to drink immediately before the crime of this case, but in light of various circumstances such as the circumstances acknowledged by the above evidence, the method and method of the crime of this case, and the defendant's behavior before and after the crime, the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime.

The defendant's ground of appeal in this part is without merit, since it cannot be seen as having reached a weak or weak state.

B. As to the assertion that an attachment order is inappropriate, “risk of recommitting a homicide” under Article 5(3) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders means the possibility of recommitting a crime is insufficient solely by the possibility of recommitting the crime, and there is a probable probability that the person requesting the attachment order would injure the legal peace by again committing a homicide in the future.

The risk of recidivism of murder crime shall be comprehensively assessed by evaluating various circumstances, such as the occupation and environment of the person subject to request for attachment order, the behavior before the crime, the motive and means of the crime, the circumstances after the crime, the situation after the crime, and the appearance.