The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for four years.

For the defendant.

1. The lower court found the Defendant guilty and dismissed the prosecutor’s request for an attachment order regarding the case claiming the attachment order, and only the Defendant appealed.

In such cases, notwithstanding the legal fiction of appeal under Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Attachment of Electronic Devices, the application for attachment order is not pending in the appellate trial and the application for attachment order is decided separately.

Therefore, the application for attachment order is not included in the scope of the trial for the case.

2. Summary of grounds for appeal;

A. From among the criminal facts of the instant case involving mental and physical weakness, the Defendants were in a state of mental and physical weakness due to drinking at the time of committing the crime of injuring a policeman on July 201, 201, assaulting around May 2013, and violation of the Act on the Protection of Juveniles from Sexual Abuse on July 31, 2015.

B. The sentence of the lower court’s improper sentencing (five years of imprisonment) is too unreasonable.

3. Determination

A. According to the record of determination on the assertion of mental and physical weakness, the defendant was in the state of drinking alcohol at the time of each of the above crimes.

However, in light of all the circumstances, such as the circumstances leading up to each of the instant crimes, the means and method thereof, and the Defendant’s conduct before and after the crime, the Defendant had the weak ability to discern things or make decisions due to drinking.

It does not seem that it does not appear.

B. The crime of this case, which judged the illegality of sentencing, committed an indecent act by force against the victim D, who is a woman's father living together, committed a similar act, assaulted the victim living together with the victim for six weeks, and the nature of the crime is not very good. The victim D seems to have suffered psychological pain and shock due to the crime of this case at the age of 13 years old, a large number of criminal offenses against the defendant, and in particular, there were records of having been sentenced to criminal punishment for the same kind of crime, but there are unfavorable circumstances such as the defendant.