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Defendant
In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Part 1 of the case by Defendant A) The Defendant and the person requesting an attachment order (hereinafter “Defendant”) were in a state of mental and physical weakness due to drinking at the time of the instant crime.
B) The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.
2) The sentence imposed by the prosecutor by the lower court is too unhued and unreasonable.
B. It is unreasonable that the lower court dismissed the Defendant’s request for an attachment order of an electronic tracking device despite the risk of recidivism.
2. Determination
A. According to the evidence duly admitted and examined by the lower court as to the Defendant’s mental and physical weakness claim, the Defendant is recognized as having provided a little alcohol at the time of committing the instant crime.
However, in light of various circumstances, such as the details and methods of the crime, the act of the accused before and after the crime, and the circumstances after the crime, etc., the accused was in a state where he had the ability to discern things or make decisions due to drinking, and had the ability to discern things or make decisions due to drinking at the time of the crime.
subsection (b) of this section.
Therefore, the defendant's ground of appeal disputing mental and physical weakness is without merit.
2) Examining the various sentencing conditions in the instant case regarding each of the unlawful arguments by the Defendant and the Prosecutor, the lower court determined that the Defendant, while disputing the intent of robbery, etc. at the lower court, had shown in the form of reflecting the mistake in depth as a whole when all the crimes were committed in the past, the commission of the crime was attempted, the commission of the crime appears to have led to a somewhat contingent and contingent crime while under the influence of alcohol, and the same appears to have reached alcohol with his family members.