The part of the request for attachment order shall be reversed.

With respect to the person against whom the attachment order is requested, it shall be for ten years.

A. (1) On September 18, 2012, the lower court found the Defendant guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) against a person who requested an attachment order, and imposed an order to disclose and notify the information for a period of four years, ten years, and an order to attach an electronic tracking device for ten years.

(2) Of the judgment of the court below, the person subject to a request for attachment order filed an appeal on the grounds of unfair sentencing regarding the Defendant’s case, mistake of facts regarding the part of the attachment order case, and improper period of attachment order, and the prosecutor appealed on the Defendant’s case on the grounds of unfair sentencing. The court below reversed the judgment of the court below on November 22, 2012 on the grounds of misapprehending the legal principles as to attempted suspension on November 22, 2012, and sentenced the person subject to the request for attachment order to four years, and imposed the information disclosure and notification order, the attachment order

(3) A person subject to a request for attachment order filed an appeal on the grounds of misunderstanding of legal principles as to the judgment of the court prior to remand, and the Supreme Court ex officio reversed the attachment order part, but the appeal against the Defendant is dismissed.

B. According to the grounds for appeal and reversal of the instant case prior to the judgment, the Defendant case was separated and finalized among the judgment below, and thus, the subject of the judgment by this court is limited to the attachment order case.

2. The judgment of the court below that ordered the attachment of an electronic device and matters to be observed, although the person subject to the request to attach an electronic device does not pose a risk of recommitting a sexual crime, is erroneous, which affected the conclusion of the judgment.

Even if the attachment period (10 years) is too long, it is unfair.

3. Determination

A. The Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”) ex officio prior to the judgment on the grounds for appeal ex officio.