Defendant

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

1. A summary of the grounds for appeal (the defendant and the person to whom the attachment order is requested);

A. The summary of the judgment of the court below and the person against whom the attachment order was requested (hereinafter “defendant”) attempted to murder the victim’s head by taking the victim’s head in hand and attempted to do so.

(Attempted Murder) was prosecuted as charged, and a request for an attachment order of an electronic tracking device was also made on the ground that there was a risk of recommitting murdering, and the lower court found the Defendant guilty of charges, and sentenced the Defendant to seven years of imprisonment, confiscation of seized objects, and attachment order (including the imposition of compliance) for ten years, by deeming that the risk of recidivism exists.

B. The summary of the grounds for appeal 1) The lower court acknowledged the Defendant as a mental and physical disability, but asserts that the Defendant further suffered from intellectual disability 2 level 2 at the time of the instant crime. While the Defendant was subject to pharmacologic treatment, it should not be punished on the ground that the Defendant was unable to discern things or make a decision due to the cryptism, etc., and thus, the Defendant did not have any capacity to discern things or make a decision. 2) The sentence sentenced by the lower court of unfair sentencing (five years of imprisonment, etc.) is too unreasonable.

3 It is unreasonable that the court below ordered the defendant to attach an electronic tracking device for 10 years, although the defendant does not pose a risk of recommitting the murder crime.

2. Determination

A. According to the evidence and the record on the Defendant’s assertion of the mental disorder, the Defendant had been continuously receiving a mental therapy from his house or workplace before committing the instant crime due to intellectual disability Grade 2, and the instant crime may also be acknowledged as having been committed under the lack of ability to discern things or make decisions due to such mental disorder.

However, there is a lack of evidence to prove that the defendant had reached the point of view beyond the above degree at the time of committing the crime of this case, and thus, it is insufficient.