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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Part 1 of the case by the Defendant and the person requesting an attachment order (hereinafter “Defendant”) were drunk at the time of the instant crime, so as to have no or weak ability to discern things.
2) The sentence of the lower court’s unfair sentencing (five years of imprisonment) is too unreasonable.
3) It is unreasonable for the lower court to order the Defendant to disclose and notify personal information for a period of ten years.
B. The lower court’s order to attach an electronic tracking device to the Defendant for a period of ten years is unreasonable.
2. Determination:
A. Part 1 of the case by Defendant 1) In light of the following: (a) the process of the instant crime, the means and method of the crime; (b) the Defendant’s act before and after the crime; and (c) the circumstances after the crime, etc. acknowledged by the evidence duly adopted and examined by the lower court, the Defendant was physically and mentally deprived or physically
In addition, even if the defendant was in a state of mental or physical loss or mental weakness due to drinking, Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes may not apply to cases where a sexual crime was committed under the state of mental or physical disorder due to drinking or drugs.
“The Defendant committed a crime corresponding to a sexual crime against the victim, and was under the influence of the victim himself at the time.”
Thus, it is reasonable not to apply Article 10(2) of the Criminal Act to the crime of this case.
The decision is judged.
Therefore, the defendant's above assertion is without merit.
2) The lower court found the Defendant’s criminal records of the same sexual assault were reached four times (three times of actual punishment and one time of juvenile protective disposition), and, in particular, even if the Defendant had been in the period of repeated crime due to the previous sexual assault crimes of the same kind, committed the instant crime again, and committed the said crime again, and committed the said crime by the parents of the victims neglected.