The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for a term of eight years and a fine of five thousand won.

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unreasonable and unfair.

B. A person with mental disability and a person who requested an attachment order (hereinafter “defendant”) was in a state of mental disability due to drinking or mental illness at the time of committing an attempted rape.

C. Although the crime of rape committed by the Defendant constitutes a repeated crime under the Criminal Act, the lower court erred by misapprehending the legal doctrine on such crime, thereby increasing repeated crimes under the Act on Special Cases Concerning the Punishment of Specific Crimes.

The unfair decision of the court below that set the period of disclosure and notification of personal information of the defendant for 10 years is too long and unfair.

E. The lower court’s improper imposition of the attachment order and the compliance period of the electronic device attachment order for the Defendant is too long to set the period of ten years, and it is unfair for the lower court to impose “in compliance with the non-breath alcohol measurement by a probation officer” as a matter of practice to significantly restrict the

2. Determination

A. As to the assertion on unfair sentencing, the Defendant continued to comply with the direction and supervision of probation officers from the date following the date of release without being aware of the fact that the Defendant was sentenced to an order to attach an electronic tracking device for five years and ten years due to rape, etc., and continued to interfere with the execution of official duties, and attempted to engage in rape with the victim H (the name of the victim) who was sexually adopted.

In addition to the crimes such as the crime of rape and bodily injury by rape, the defendant has been sentenced twice to the punishment for a sexual crime and sentenced to a fine once.

Although the above victim appears to have suffered a considerable mental shock and pain due to the crime of this case, it has not yet been used.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant confessions all of the crimes of this case and is in profoundly against each other.

The crime of rape was committed in the course of attempted rape, and KRW 2,00,000 for the above victim.