Text
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
Summary of Grounds for Appeal
The defendant and the person against whom the attachment order was requested to mistake the part of the defendant's case (hereinafter referred to as the "defendant") are the facts that at the time of this case, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") killed the victim by strokeing the upper part of the victim's body, stroke and panty of the victim at the time of this case, and stroke the victim's body by strokeing the victim's upper part
However, there is no fact that there is no suppression of the victim's resistance as stated in the facts of the crime in the judgment below, and there is no fact that the victim committed an indecent act before killing the victim.
Even according to the evidence revealed by the court below, the possibility of damage to life is only supported by the possibility of damage to life, and it is difficult to view that the facts constituting the crime in the judgment below are proven as being beyond a reasonable doubt.
Nevertheless, the lower court erred by misapprehending the facts charged, which found the Defendant guilty.
At the time of committing the instant crime with mental disorder, the Defendant was suffering from alcohol dependence, due to excessive drinking, was in a state of mental disorder, which lacks the ability to discern things or make decisions.
Although there are special circumstances that the defendant would not disclose or notify the personal information, it is unfair that the court below ordered the defendant to disclose or notify the personal information for 10 years.
The imprisonment with prison labor imposed by the court below on the defendant is too unreasonable.
Despite the fact that the defendant does not pose a risk of recommitting murdering, it is improper that the court below ordered the defendant to attach an electronic tracking device for 20 years.
Judgment
As to the Defendant’s assertion of mistake of facts regarding the part of the Defendant’s case, the lower court asserted the same purport as that of this part of the grounds for appeal, and the lower court determined the Defendant in the judgment.