Defendant

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

1. Summary of grounds for appeal;

A. Defendant case 1) The Defendant and the person against whom the attachment order is requested (hereinafter “Defendant”)

(2) The sentence of an unreasonable sentencing decision rendered by the lower court against the Defendant is too unreasonable, because the Defendant was under the influence of alcohol at the time of the instant crime.

B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for five years, even though the Defendant’s request for an attachment order does not pose a risk of recidivism.

2. Determination of the accused case

A. According to the evidence duly admitted and investigated by the lower court, the fact that the Defendant was under the influence of alcohol at the time of the instant crime is recognized.

However, in light of the following circumstances acknowledged by the above evidence, i.e., the background leading up to soup “Drying” which was the place where the Defendant committed the instant crime at the investigative agency, the process and method of making soup, etc., as well as the fact that the Defendant saved and stated in a concrete and detailed manner in substitution the victim, and the background and method of the instant crime, the act before and after the instant crime, the Defendant’s behavior before and after the instant crime, and the Defendant’s attitude in the investigative agency, etc., it cannot be deemed that the Defendant had weak ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Therefore, the defendant's argument of mental disability is without merit.

B. The crime of this case on the assertion of unfair sentencing is an indecent act against the victim by making soup so that the defendant saved the victim's age and saved the victim by using saveing the victim's right, and the nature of the crime and method of the crime are very poor; the victim, who is at the age to form the Korean sexual identity and values, seems to have saved a very large mental impulse due to the crime of this case; and the defendant is also at the soup room.