아동ㆍ청소년의성보호에관한법률위반(준강간등)등
The defendant's appeal is dismissed.
1. Article 9 (4) 4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders within the scope of adjudication by the court, when the court declares the suspension of the execution of a specific crime case, it shall dismiss a request for an attachment order: Provided, That even in such cases, when the court orders a specific criminal offender to be put on probation while suspending the execution of a sentence, it may order the specific criminal offender to attach an electronic device to verify whether he/she complies with the matters to be observed within the scope of probation period under Article 28 (1) of the same Act, and in such cases, it shall not dismiss
With respect to a prosecuted case against the defendant, the court below ordered the defendant to attach an electronic tracking device for three years in order to verify whether the matters to be observed are observed, etc. when sentenced to the conviction (one year and six months of imprisonment, three years of probation, and three years of probation), and ordered the defendant to attach an electronic tracking device for three years in order to verify whether the matters to be observed are observed, the court below shall dismiss the prosecutor's request for the attachment order: Provided, That since the accused case was subject to the attachment order to verify whether the matters to be observed are observed as above, the court below did not dismiss the prosecutor's request for the attachment order separately from the order;
Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. for Specific Criminal Offenders, the part of the judgment below regarding the request for attachment order is excluded from the scope of the judgment of this court, and only the part of the judgment below regarding the defendant's case (including the attachment order to verify whether the matters to be observed are observed) belongs to the scope of the judgment
2. Summary of grounds for appeal;
A. The Defendant claiming mental disorder may abuse alcohol at the time of committing the instant crime.