Defendant

In addition, both appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant and the person who requested the attachment order (hereinafter “Defendant”) and the person who requested the attachment order (hereinafter “Defendant”) were in a state of mental and physical loss or mental weakness by drinking alcohol at the time of committing the instant crime.

2) The punishment sentenced by the lower court (three years and six months of imprisonment) is too unreasonable.

나. 검사 1) 피고 사건 가) 사실 오인( 무 죄 부분) 검사가 제출한 증거를 종합하여 보면, 피고인이 피해자의 음부와 구강에 성기를 삽입하였고, 그 과정에서 피해자에게 치수( 齒髓, 다수의 신경 및 혈관이 분포하는 치아 내부의 결합조직) 의 괴사 등의 상해를 입힌 사실을 충분히 인정할 수 있다.

However, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B) The sentence sentenced by the lower court is too unfortunate and unreasonable.

2) It is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order of an electronic tracking device against his/her location, despite the risk of recommitting a sexual crime.

2. Determination

A. According to the record as to the Defendant’s mental and physical disability argument, although the Defendant was able to recognize a certain degree of drinking at the time of committing the instant crime, taking into account the following circumstances: (a) the circumstances acknowledged by the evidence duly adopted and investigated by the lower court; (b) the method and method of committing the instant crime; and (c) the circumstances after committing the instant crime, the Defendant had no or weak ability to distinguish things from drinking alcohol or make a decision.

does not appear.

Therefore, the defendant's mental disorder cannot be accepted.

B. As to the prosecutor’s assertion of mistake of facts, the lower court determined that the prosecutor submitted the following circumstances, comprehensively based on the evidence duly adopted and investigated.