Defendant

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

Summary of Grounds for Appeal

A. Defendant 1 and the person to whom the attachment order was requested (hereinafter “Defendant”)

A) Mental and physical disorder: The Defendant had weak ability to discern things or make decisions due to intellectual disorder at the time of committing the instant crime.

B) Unreasonable sentencing: The sentence of the lower court (three years of imprisonment) is too unlimited and unreasonable. 2) The prosecutor’s improper sentencing: the lower court’s sentence is too uneasible and unfair.

B. The case where the attachment order was requested (public prosecutor): The court below's dismissal of the request for the attachment order of this case by misunderstanding the facts or misunderstanding the legal principles, thereby making a judgment on the risk of recidivism.

Judgment

A. As to the Defendant’s case, it is recognized that the Defendant is somewhat lacking intellectual ability compared to the normal person of Grade 2 of the intellectual disability. However, in light of various circumstances indicated in the records, such as the background leading up to the instant crime, the Defendant’s behavior at the time of committing the instant crime, the circumstances after committing the instant crime, and the Defendant’s occupation, etc., it cannot be said that the Defendant was in a state of lacking intellectual ability to discern things or make decisions due to intellectual disability at the time of committing the instant crime. We do not accept the Defendant’s assertion to the effect that the Defendant was in a state of mental disorder due to intellectual disability at the time of committing the instant crime. 2) The instant crime committed the Defendant’s unfavorable circumstance against the Defendant, which the lower court made at the time when the instant crime was committed, was committed by force by the victim under seven years of age, and the nature of the instant crime was bad in light of the applicable law of the crime, etc., it appears that the victim still has been under considerable mental impulse, not recovered, and the victim demanded that the Defendant be sentenced to imprisonment for the same kind of punishment.