The defendant's appeal is dismissed.

1. The lower court rendered a judgment dismissing the prosecutor’s request regarding the part of the Defendant’s case and the part of the attachment order case, and the Defendant appealed only to this, and thus, the part of the attachment order case is not a benefit of appeal, and thus, is excluded from the scope of the judgment in this Court, notwithstanding Article 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

2. Summary of grounds for appeal;

A. The Defendant was unaware of the fact that he was a disabled person.

B. At the time of the instant crime, the Defendant was in the state of mental and physical disability by taking drugs due to depression, etc., and was in the state of mental and physical disability.

C. The lower court’s imprisonment (five years of imprisonment) against the Defendant is too unreasonable.

3. Determination

A. 1) The Defendant alleged the same purport in the lower court’s judgment, but the lower court rejected the Defendant’s assertion by deeming that the Defendant was sufficiently aware of the fact that the Defendant was a disabled person, comprehensively taking account of the following circumstances acknowledged by the evidence adopted and investigated by the lower court. A) The Defendant was aware of the victim’s whereabouts while playing in C’s house located in front of the victim’s house, and the victim was aware of the victim’s whereabouts. As such, it was the degree of the victim’s whereabouts. Therefore, it is impossible to view the victim’

It seems that it could have been sufficiently aware of the victim's usual life, such as the victim's almost sitting or living together at home.

At the time of the instant case, the victim went away because it is difficult for him to move, and the victim's walked at the court of original instance can be seen as having physical disability.

B. The injured party shall open a window at the time of the instant case in the court of the court below.