beta
Text
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant with a mental disorder and the person subject to a request to attach an attachment order (hereinafter “Defendant”) committed the instant crime under the influence of alcohol at the time when they were unable to discern things or make decisions, and thus, committed the instant crime under the lack of capacity to discern things or make decisions, the first instance court erred by misapprehending the scope of punishment or reducing the punishment.
B. The sentence of imprisonment (one year and six months, etc.) imposed on the defendant by the first instance court of unfair sentencing is too unreasonable.
C. It is improper for the first instance court to order the defendant to attach an electronic tracking device although it does not pose a risk of recommitting an unfair sexual crime against an attachment order, and the period (five years) is too long.
2. Determination
A. According to the evidence duly admitted and examined by the first instance court as to the assertion of mental and physical disorder, it is difficult to view that the Defendant committed the instant crime under the influence of alcohol while the Defendant was under the influence of alcohol, but was unable to change things or make decisions, and the Defendant committed the instant crime under the influence of alcohol, by committing an indecent act against the victim covering the victim by driving away the place within a sobrying season whenever the victim took place well, and taking full account of the Defendant’s behavior before and after the instant crime.
Therefore, this part of the defendant's argument is without merit.
B. As to the assertion on unfair sentencing, there are more favorable factors for sentencing such as the defendant's recognition of the crime of this case and the attitude against his own will, the victim's side does not want the punishment of the defendant, the victim's side suffers from the merger with the old age, and so on.
However, on February 16, 2012, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for an indecent act against a female at the Changwon District Court, even though he was sentenced to a suspended sentence of six months.