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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 of the Defendant case (1) The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) were in a state of mental disorder under the influence of alcohol at the time of each of the instant crimes.
(2) The lower court’s sentencing (one year of imprisonment) is too unreasonable.
B. It is difficult to deem that the Defendant, in part of the attachment order case, has the risk of recidivism of sexual crime and recidivism.
2. Determination
A. (1) According to the evidence duly admitted and investigated by the court below as to the part of the defendant's case, it is difficult to accept the defendant's assertion that the defendant had been under the influence of alcohol at the time of each of the crimes in this case, even though it is recognized that the defendant was under the influence of alcohol at the time of each of the crimes in this case, in light of the circumstance and form of each
(2) As to the assertion of unfair sentencing, there is no significant degree of damage suffered by the victims due to each of the instant crimes, and there is a reason to consider the Defendant in favor of sentencing, such as the fact that the Defendant agreed with the victims and the Defendant recognized each of the instant crimes.
However, in light of the methods and contents of each of the crimes of this case, it is obvious that the crime was bad in light of the nature of each of the crimes of this case, and in particular, physical and mental pain and sexual humiliation that the victim D suffered due to sexual assault crime, and the defendant committed such crimes repeatedly even though he had already been punished several times due to sex crimes and violent crimes, it is difficult to view the sentencing of the court below against the defendant too unreasonable even if considering the circumstances such as the family type or residential situation at present put up by the defendant.
B. The lower court, based on its stated reasoning, found the Defendant’s risk of recommitting a sexual crime and tracking the Defendant’s location for five years.