Defendant

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

1. Summary of grounds for appeal;

A. Part 1 of the case by the Defendant and the person who requested an attachment order (hereinafter “Defendant”) was in a state of mental and physical weakness due to mental illness and drinking at the time of committing the instant crime.

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

B. The lower court’s judgment on the part of the claim for attachment order

It is unreasonable to order the Defendant to attach an electronic tracking device for a period of three years, which is difficult to conclude.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion on mental and physical weakness, the fact that the Defendant suffered from mental illness, such as a certain degree of drinking alcohol at the time of committing the instant crime and a scam intellectual disability, is recognized.

However, in light of the following: (a) the Defendant was on contact with work after the discharge; (b) the Defendant was under contact with work after the discharge; (c) the Defendant was living in a usual room, such as receiving outpatients from the mind and body; and (d) the Defendant’s efforts would be likely to suppress the impulse of sexual assault; (b) the Defendant’s statement may result in the instant crime without suppressing the impulse of drinking on the day when the instant crime was committed; (c) the instant crime appears to have been caused by drinking rather than by mental illness; (d) the Defendant appears to have been relatively obvious to the background of the instant crime; (e) the Defendant’s attitude and consequence before and after the instant crime was committed; and (e) the Defendant’s attitude and behavior before and after the instant crime was committed; and (e) the circumstances after the instant crime was committed, it does not appear that the Defendant had a weak ability to discern the objects or make decisions at the time of the instant crime due to drinking or mental illness.

Even if the defendant was in a physical and mental state due to drinking at the time of the instant crime, the punishment of sexual crimes is punishable.