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Defendant
In addition, the appeal by the requester for an attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant and the requester for an attachment order (hereinafter “Defendant”) had a weak mental and physical disorder at the time of committing the instant crime.
B. The sentence sentenced by the court below to the defendant (a punishment of 12 years of imprisonment and fine of 2 million won) is too unreasonable.
2. Determination
A. In full view of the following facts: (a) the part concerning the Defendant’s assertion of mental and physical weakness; (b) the process, method and method of the instant crime, Defendant’s act before and after the instant crime was committed; and (c) the statement made by the Defendant and the victim to the investigative agency; and (d) the Defendant had a weak ability to discern things or make decisions by taking action at the time of the instant crime.
As such, the above argument by the defendant is without merit (According to the pre-judgment of the Ulsan Protection Observation Office prior to the judgment of the court below, the defendant appears to have symptoms of alcohol dependence and somewhat mental illness. However, such circumstance alone alone shows that the defendant was in a state of mental and physical weakness at the time of committing the instant crime.
2) The facts charged of the instant case are recognized and the mistake is divided in light of the following: (a) whether the Defendant was guilty or not; and (b) whether the Defendant was guilty or not; and (c) whether the Defendant was guilty or not.
Although there are no circumstances to consider the fact that the Defendant made a statement, the Defendant appears to have committed the instant crime contingently during commission of the instant crime, and the degree of injury suffered by the victim is not serious, the Defendant is again subject to attachment of an electronic tracking device under the circumstances indicated in its reasoning in the lower judgment, even though he had been already punished several times prior to the instant crime, due to the violation of the Act on the Punishment of Sexual Crimes, Protection of Victims, etc. (Rape, etc.), robbery, rape, etc., even though he had the record of being punished several times prior to the instant crime.