Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Summary of Grounds for Appeal

The defendant and the respondent for attachment order (hereinafter referred to as the "defendant") in part of the defendant's case were drunk at the time of committing the crime of this case and were in a state of mental disability.

The punishment sentenced by the court below on unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

The court below's order to attach an electronic tracking device to the defendant for three years is unfair because the records of sexual crimes prescribed by the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders are merely the crimes of indecent act by compulsion and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.). The court below's order to the defendant to "not have access to recreation parks, including a locked station, and a place of tin, including a dysium, without any special use," is unreasonable since the scope of access prohibition is too wide.

Judgment

According to the evidence duly admitted and examined by the lower court regarding the argument on mental disorder in the part of the Defendant case, it is recognized that the Defendant had drinking alcohol at the time of the instant crime, but in light of various circumstances such as the background, means, and the Defendant’s act before and after the instant crime, it does not appear that the Defendant had a weak ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

There are favorable circumstances for the defendant, such as the fact that the defendant's judgment on the assertion of unfair sentencing recognizes the crime of this case, and is in depth divided his mistake, and that the degree of exercise of force or the degree of indecent act is not very serious.

However, the crime of this case was committed by the Defendant, who committed an indecent act in the subway station after the Defendant was frightly frightened by the Defendant from the subway station, and the nature of the crime is not good. The victim, due to the instant crime, frightened sexual humiliation and harshness.