Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) (1) The Defendant was in a state of mental disability under the influence of alcohol at the time of the instant case.

(2) The lower court’s sentence of unreasonable sentencing (the imprisonment of four years, the completion of a sexual assault treatment program for forty hours, and the disclosure and notification of information for five years) is too unreasonable.

B. The prosecutor (1) the lower court’s sentence is too unjustifiable and unjust.

(2) It is unreasonable for the court below to dismiss the request for attachment order even if the defendant's improper rejection of attachment order is found to pose a risk of recidivism.

2. Determination

A. (1) In light of the background of the instant crime, the process of the crime, and the Defendant’s speech and behavior immediately after the crime, etc. acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s claim of mental disability, it is not recognized that the Defendant, even though he was aware of drinking at the time of the instant crime, did not have the ability to discern things or make decisions, so this part of the Defendant’s assertion is without merit.

(2) We examine both the Defendant and the prosecutor’s assertion of unfair sentencing regarding the Defendant and prosecutor.

There are favorable circumstances for the defendant, such as the fact that the defendant recognized the crime of this case in the trial of the party, against the mistake, and that the defendant has no record of punishment for the same kind of crime and has agreed with the victim.

On the other hand, the crime of this case is committed against the defendant, such as the defendant's assaulting the victim's age, leading the victim to underground stairs that are not visible to people, rapeing the victim and causing an injury in need of medical treatment for three weeks, and the victim suffered a considerable mental or physical shock, etc.

In full view of the aforementioned circumstances and the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime.