1. As to the Defendant’s case, the lower court accepted the Defendant’s ground of appeal by the person against whom the order to attach an electronic device was requested (hereinafter “Defendant”), on the grounds indicated in its reasoning, and reversed the part of the first instance judgment and determined the sentence again.

The judgment below

Examining the reasoning of the lower judgment in light of various circumstances, such as the Defendant’s age character, character, intelligence and environment, and motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the determination of the lower court’s sentence that sentenced the Defendant to imprisonment is extremely unfair, even if considering the circumstances asserted by the national defense counsel.

2. In the event that an appeal is filed against the Defendant’s case with respect to the attachment order case, the appeal shall be deemed to have been filed regarding the case for which the request for attachment order is filed, but the petition of appeal or the statement of grounds for appeal shall not

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.