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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. The gist of the grounds for appeal was as follows: (a) the Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness, such as being drunkly drunk.
The sentence of the lower court (an order to attach an electronic device for tracking a location between one year and six months, and three years) is too unreasonable.
In light of all the circumstances, it is not necessary to impose the location tracking electronic device attachment order and matters to be observed on the person who requested the attachment order, and there is no risk of recidivism.
2. In light of the Defendant’s main volume, details of the crime, means and methods of the crime, the circumstances, etc. indicated in the judgment and the record, the Defendant did not have or lacks the ability to move things due to drinking, display them, or make decisions.
The decision is judged.
In accordance with Article 5 of the Act on Special Cases Concerning the Punishment, etc. of Specific Crimes, in a situation where the suspension of execution is not allowed against the accused, it cannot be reversed on the ground that the lower court’s sentencing, which issued an order to attach an electronic tracking device for the location between one year and six months, the lowest period of imprisonment with prison labor, and three years, the highest period of statutory attachment, is heavy.
On the grounds indicated in its reasoning, the lower court acknowledged the risk of recidivism, cited the request for an attachment order for three years and imposed matters to be observed. In light of relevant evidence, pleadings, legal principles, etc., the lower court’s aforementioned determination is justifiable and did not err by misapprehending the legal principles, etc.
3. According to the conclusion, the appeal filed by the Defendant and the requester for the attachment order is dismissed (Article 364(4) of the Criminal Procedure Act, Article 364(4) of the Protection and Observation of Specific Criminal Offenders Act, and Article 35 of the Electronic Monitoring Act).