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Defendant
In addition, both appeals filed by the person who requested the attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant and the requester for the attachment order (1) the lower court’s improper sentencing is too unreasonable.
2) It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for a period of 15 years, although there is no risk that the Defendant and the person who requested the attachment order (hereinafter the Defendant) will recommit murder crimes.
B. In full view of the evidence submitted by the prosecutor 1), although the court below found the defendant guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) among the facts charged in this case, the court below erred by misapprehending the facts.
2) Improper sentencing of the lower court is deemed unreasonable.
2. Determination
A. On November 26, 2017, the summary of this part of the facts charged is as follows: (a) the Defendant discovered a F message with the male and female who appears to have a petant relationship from the cell phone of B (bee 22 years of age) who read around the preceding 23:05 at around 01:0 to 02:00 of the Defendant’s house of D & D building E in terms of harmony, and (b) discovered the message from the cell phone of B (bee 22 years of age), and (c) knife it by putting the knife at that place above B and knife B’s head on the knife the knife floor, and then knife B’s head on his hand over three times, and knife B’s head on the knife B’s head on the knife B, and had sexual intercourse with B by force.
Accordingly, the defendant carried dangerous objects and rape B.
2) The lower court determined that the Defendant was aware of the fact that the Defendant threatened B with knife and rape B, but, in other words, the Defendant appears to have brought knife and threatened B with knife on “the knife’s knife” and the following circumstances acknowledged by considering the adopted evidence, and ② at the time, the Defendant was at least one hour in the ward.