(an injury), the punishment of sexual crimes, and the protection of victims;

violation of Korean law (or Rape, etc.) and the control of narcotics, etc.

Violation of the Act on the Control of Narcotics, etc.

Violations (marijus)

2019 Before the beginning of 2019,000

2019Report50(merged) Probation Order

Disclosure and notification of information on the accused for five years (Provided, That the summary of the sex offense disclosed and notified shall be limited to the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.).

The accused shall be ordered to place employment restrictions (including the prohibition of operation and de facto labor) on each seven years with children, juveniles-related institutions, etc. and welfare facilities for disabled persons.

Each one (No. 1) shall be confiscated in the Incheon District Public Prosecutor's Office's Office's 2019 voltage or 3902 containing a white shotphone (prophopon presumption), one stop consisting of a green dust (rest of marijuana) (Evidence 2), one scood disease and one (No. 3) as soon as possible used in smoking for marijuana.

103,000 won shall be additionally collected from the defendant.

To order the defendant to pay an amount equivalent to the above additional collection charge.

To the person subject to the request for attachment order, the attachment of an electronic tracking device shall be ordered for 20 years.

Matters to be observed in the attached Form shall be imposed on the person requested to attach an attachment order.

The request for probation order of this case is dismissed.

【Criminal Power】

The defendant and the person subject to the request for attachment order (hereinafter referred to as the "defendant") were sentenced to two years of imprisonment on June 15, 2002 and on February 25, 2004 by the Incheon District Court for the violation of the Act on the Control of Narcotics, Etc., and the execution of the sentence was terminated on May 21, 2008. The court was sentenced to one year and six months of imprisonment for the same crime in the same court on May 21, 2008, and the judgment was finalized on July 17, 2008. 1) September 5, 2009. On March 8, 2019, the Incheon District Court was sentenced to one year of imprisonment and two years of suspended execution on the 16th of the same month.

【Criminal Facts】

1. Violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof;

At around 14:30 on November 5, 2006, the Defendant: (a) called “the victim who was mixed with him by dividing the first races into the victim C’s residence (n, 13 years of age)”, and tried to intrude the victim’s residence into the victim’s entrance, prevent the victim from playing, and combine the bridge to the victim’s exit. However, as the length of the bridge is short, the Defendant brought the victim’s bridge from the inner door to prevent the victim’s escape with his inner line from spreading, and forced the victim’s escape with his panty and inner door; (b) the Defendant was able to have his chest removed from the victim’s inner part of the victim’s knick; and (c) the Defendant was able to have his chest promptly knick up with the victim’s finger, and she was able to have the victim’s finger removed from the victim’s finger, and then she continued to have the victim’s finger knded by inserting the victim’s finger.”

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

On June 24, 2011, at around 15:10, the Defendant opened a string door in Dong-gu Incheon Metropolitan City, where the victim E (n, 8 years of age) was living, and was not corrected. At the same time, the Defendant discovered the victim being mixed with the kitchen in the kitchen, found the victim's face, her chest and arms, etc. from the kitchen wave, taken the victim's face in drinking, taken the victim's face into a room with the defendant's seat, her her her kick, cut off the victim's face with his her her kick, and then put his finger into the part of the victim.

As a result, the defendant raped the victim under 13 years of age, and inflicted an injury on the victim such as the victim's inception of the number of days of treatment, blood transfusion, etc.

3. Violation of the Act on the Control of Narcotics, etc. and violation of the Act on the Control of Narcotics;

A. On September 16, 2019, the Defendant received from G psychotropic drugs in the vicinity of the F in Bupyeong-gu Incheon Metropolitan City, 2019, a single-use injection machine containing approximately 0.2 grams of psychotropic drugs from G (one-time - one-time - one-time - one-way - one-way - one-way - one-way - one-way - one-way - one-way - one-way - one-way - one-way - one-way - one-way - one-way - one-way

B. On September 20, 2019, the Defendant, around September 20, 2019, stored water in a disposable injection machine containing 0.2g of phiphones from toilets located in Michuhol-gu Incheon, Michuhol-gu, Incheon, and administered phiphones by means of injecting the Defendant’s left upper part of the blood.

C. On September 20, 2019, the Defendant, around September 20, 2019, posted marijuana in the alley near the I located in Michuhol-gu Incheon Metropolitan City, added it to coote disease, attached it to coote disease, and smoked in a way of spreading it.

【Fact of Grounds for Attachment】

The Defendant invaded upon the residence of a victim C, who is a child or juvenile, and raped the said victim E, and inflicted an injury on the victim E in the process of committing a similar rape. This constitutes a "where a sexual assault crime was committed on at least two occasions, which constitutes a "where such habit is recognized," or a "where a sexual assault crime was committed against a person under the age of 19", and is likely to recommit a sexual assault crime in light of the course and method of committing each of the above crimes.

Summary of Evidence

1. Each police statement to E and JC;

1. Recording records of E or J;

1. Each protocol of seizure and the list of seizure;

1. Each gene analysis request, gene analysis request, each request for appraisal, each appraisal request, each appraisal report, each DNA identification information database search result, the results of DNA identification information database search, the results of appraisal request, the notification of detection of facts consistent with DNA identification information, and each drilling report (for the suspect's narcotics inquiry, results of the analysis of suspect's behavior (in-depth and psychological reports), the results of suspect's behavior analysis (in-depth and psychological reports), and the request for appraisal with the head of a Si/Gun/Gu);

1. Personal information of each narcotics crime, each narcotics crime content, each narcotics crime type, each photographic image of each narcotics crime;

1. Medical certificates, resident registration certified copies, etc.;

1. On-site photographs, prototypes, photographs of seized articles, and photographs of their domicile;

1. Opinions of experts in sexual assault cases against children with disabilities;

1. A report on occurrence (general), a site inspection site, a report on the results of field inspection, and a report on an investigation into the site;

1. Each investigation report (general, suspect's specific, cases on a uriine simplified test, cases on crimes involving narcotics, etc. by suspects' addresses, cases on personal records of criminal suspects' addresses, cases on manufacturers G of narcotics, cases on the suspect's report on the results of suspicion appraisal, cases on the suspect's report and calculation of additional charges);

1. Previous convictions in judgment: Resident inquiry and criminal records, current status of personal confinement, progress of disposition and report on the results of confirmation;

1. The risk of recidivism and the recidivism of sexual crime committed in the judgment: (a) the following circumstances revealed by comprehensively taking account of each of the above evidence and the statement in the response to a request prior investigation; (b) the defendant committed the crime against the victim C, who is a child or juvenile, in violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Rape, etc. in Custody); and (c) the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape Influence) against the victim E, who is under 13 years of age; (b) the defendant refused to make a statement in a prior investigation conducted by the probation office without justifiable grounds; and (k) the risk assessment degree of sex offenders against the defendant at 19 points in total; and (d) the defendant's background, age, physical condition, family relation, awareness and attitude of sex committed by each sexual crime in the judgment.

Application of Statutes

1. Article applicable to criminal facts;

Article 5(1) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Article 5(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 319(1) of the Criminal Act; Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012); Articles 8(1) and 7(2)2 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Articles 60(1)2 and 4(1), and 2 subparag. 3(b) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Article 61(1) of the Act on the Protection, etc. of Narcotics, Etc.; Article 61(1) and (4) of the Act on the Management of Narcotic Drugs

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment on the violation of the Act on the Control of Narcotics, etc. (fence) due to phiphones and the violation of the Act on the Control of Narcotics, etc. (math) due to mariths and marijuana waterways, and the punishment on the violation of the Act on the Control of Narcotics, etc. (fla

1. Selection of punishment;

The maximum sentence of imprisonment provided for in the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010) shall be 15 years with respect to the crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (Rape, etc.) and the Act on Special Cases concerning the Punishment of Sexual Crimes (Rape, etc.) and the Punishment of Sexual Crimes (Rape, etc.) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)

1. Aggravation for repeated crimes;

Article 35 [1) of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010; 2009; 2) of the Criminal Act (amended by Act No. 10259, Sep. 5, 2009; 2009; 3) of the Act on the Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) shall apply to the punishment of sexual crimes and the protection of victims as stated in the judgment, on the grounds that there has been a previous conviction of a violation of the Act on the Control of Narcotics, etc. (Rape, etc.) from among the records of the criminal records in the judgment, on the grounds that there has been a previous conviction of a violation of the Act on the Control of Narcotics, etc. (Rape, etc.) on the Punishment of Sexual Crimes and the Protection of Victims, etc.

1. Handling concurrent crimes;

The latter part of Articles 37 and 39(1) of the Criminal Act (the Act on the Punishment of Sexual Crimes and the Protection of Victims Thereof) and the Act on the Control of Narcotics, Etc. (the Act on the Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, Injury by Rape, etc.) and the Act on the Control of Narcotics, etc. (the Act on the Punishment, etc. of Sexual Crimes, which became final and conclusive on July 17, 2008).

1. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Article 38 (1) 2, and 50 of the Criminal Act (the crimes of violation of the Act on the Control of Narcotics, etc. (fence by delivery and medication) and the crimes of violation of the Act on the Control of Narcotics, etc. (fence) due to the receipt and administration of phiphones, and crimes of violation of the Act on the Control of Narcotics, etc. (fence) and concurrent crimes of

1. Discretionary mitigation (as to the crime stated in paragraph (1) of the same Article in the case of market sale);

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Imposition of an order to complete a program;

A. Crimes of violating the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (Rape in Residence, etc.): An order to complete a program may be issued concurrently when a sentence is imposed only on a person who committed a sexual crime after October 8, 201 (see Supreme Court Decision 2013Do1525, Apr. 11, 2013). As such, no order to complete a program may be imposed on the said crime.

(b) Offense of Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: The proviso to Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (limited to cases where a defendant issues an order to complete a program to a specific criminal under Article 9-2 (1) 4 of the Act on Probation and Electronic Monitoring, etc., and

1. An order for disclosure and notification;

Article 38(1) main sentence 1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); the main sentence of Article 38-2(1)1 of the main sentence of Article 38-2(1); the proviso to Article 1 and Article 4 of the former Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 10260, Apr. 15, 2010);

[Violation of the former Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 11572, Dec. 18, 2012); Article 5(1) of the Addenda of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 8634, Aug. 3, 2007; hereinafter the same shall apply); Articles 22 and 20 of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 8634, Apr. 11, 2013; 2013Do859, Apr. 11, 2013; hereinafter the same shall apply); and Article 22 and 20 of the former Act on the Protection of Juveniles against Sexual Abuse does not fall under the subject of an order to disclose because the person who committed sexual crimes against children and juveniles after January 1, 201 is not subject to an order to notify such person (see, e.g., Supreme Court Decision 2013Do14349, Feb.).

(1) The former Act on the Protection of Children and Juveniles against Sexual Abuse provides that a person who has committed a sexual crime shall disclose and notify personal information of a person who has committed a sexual crime in principle to the public and shall be exempted from such disclosure only when it is deemed that there is a "special circumstance that is exceptionally prohibited from disclosure". However, in light of the process, method, risk of recidivism, etc. of the above crime, it is difficult to deem that there is a special circumstance that the disclosure of personal information of the defendant is prohibited from disclosure, and the period of issuing

1. An employment restriction order;

Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons (Act No. 15904, Dec. 11, 2018); the main text of Article 59-3(1) of the Welfare of Disabled Persons Act (Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Dec. 16, 2018); Article 3 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); and Article 59-3(1) of the Act on Welfare of Disabled Persons with Disabilities.

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Issuing an order to attach an electronic tracking device and matters to be observed;

Article 5(1)3 and 4, Article 9(1)1, and Article 9-2(1)3 and 4 of the Act on the Probation, Electronic Monitoring, etc. of Specific Criminal Offenders

Judgment on the argument of the defendant and his/her defense counsel (crimes No. 1 and 2 at the time of sale)

1. Summary of the assertion

The Defendant did not commit a sexual crime as stated in the facts constituting the crime Nos. 1 and 2.

2. Determination

(a) Relevant legal principles;

The degree of the formation of a conviction in a criminal trial shall be such that there is no reasonable doubt. However, it is not required to exclude all possible doubts that are unreasonable, and rejection of evidence that has probative value by causing a suspicion that has no reasonable ground is beyond the bounds of the principle of free evaluation of evidence is not allowed (see, e.g., Supreme Court Decisions 94Do1335, Sept. 13, 1994; 94Do1335, Sept. 13, 1994); “reasonable doubt” refers to a reasonable doubt that is reasonable for the probability of a fact that is inconsistent with the facts that are not proven in accordance with logical and empirical rules, not including any question and correspondence. As such, it is necessary to establish the basis for the sexual prosecution that is grasping the circumstances favorable to the defendant in relation to the fact-finding, and such doubt based on conceptual or abstract possibility is not included in a reasonable doubt (see, e.g., Supreme Court Decision 94Do13535, Sept. 13, 1994; 205Do2974.).

In addition, when a court examines a sexual assault or sexual harassment case, it should pay attention not to lose gender-sensitive assumption so as to understand the issue of gender discrimination in the context of the case and realize gender equality (see Article 5(1) of the Framework Act on Gender Equality). In light of the fact that the victim of sexual assault or sexual harassment was committed in the process of taking the issue of sexual assault or sexual harassment victim’s awareness of damage due to culture, awareness, structure, etc. centering on the perpetrator in our society, the victim’s negative public opinion and disadvantageous treatment and disclosure of identity rather than in the process of taking the issue of sexual assault or sexual harassment into account, the number of countermeasures against sexual assault victims is bound to vary depending on the victim’s gender, relationship with the perpetrator, and specific circumstances. Therefore, readily rejecting the probative value of the victim’s statement without sufficiently considering special circumstances in individual and specific cases is a judgment of evidence in accordance with logical and empirical rules based on the ideology of justice and equity (see, e.g., Supreme Court Decision 2018Do709, Oct. 25, 2018).

B. Specific determination

In light of the above legal principles, this case was lawfully adopted and investigated by this court. Comprehensively taking into account the following circumstances acknowledged by each evidence, the defendant's assertion of the defendant and the defense counsel cannot be accepted since it is sufficiently recognized that the defendant invadeds upon the victim C's residence and rapes the victim as stated in paragraph (1) of the criminal facts in the judgment, and that the defendant and the defense counsel suffered bodily injury in the course of rapes and rapes of the victim E as stated in paragraph (2)

1) First of all, it is examined whether the offender who committed the crime against the victims at the time, time, and place of each crime under Articles 1 and 1 of the facts constituting the crime in the judgment below can be identified as the Defendant. In relation to the facts constituting the crime under paragraph (1) of the crime in the judgment below, the time and place of the occurrence of the crime under Paragraph (1) of the facts constituting the crime in the judgment are the residence of the victim C around November 14, 2006. At the time, the victim reported to an investigative agency on the same day immediately after the crime was committed, and measures such as victim’s statement of damage and securing of evidence as to the above crime were taken. At the time, the investigative agency confirmed that the victim’s panty, mass amount, and blood had a fixed response presumed to be the offender in the above panty and mass amount, but the investigation was suspended because the crime was not specified thereafter.

2) The following criminal facts are as follows: (a) the time and place of the crime under paragraph (2) of the criminal facts stated in the judgment is the victim E’s residence around June 24, 201, and around 15:20 on the same day immediately after the crime was committed; (b) the victim reported to an investigative agency on the crime scene by not later than 20:30 on the same day; and (c) the investigative agency collected relevant evidence in relation to the victim’s name and injury; and (d) made a statement to the investigative agency in the process. At the time, the investigative agency confirmed that the victim’s genetic testing method was in response to a fixed amount presumed to be a criminal and injury to the victim’s name and injury. However, although the genetic type was confirmed to be the same gene type as the type detected under paragraph (1) of the crime in the judgment, the investigation was suspended because it was not specified as the criminal facts in the judgment.

3) On May 20, 2019, among the two countries, the Supreme Prosecutors' Office DNA identification information of a person recorded in DNA identification database, such as convicts of the Supreme Prosecutors' Office on May 20, 2019, and DNA identification information database acquired at the scene of crime Nos. 1 and 1 and 2 as stated by the National Science Investigation Agency. As a result, the above identification code against the defendant was confirmed to be in accord with DNA identification number (L, panty, quality) which was acquired at the scene of crime as stated in paragraph (1) of the crime as indicated in the judgment, and stored in DNA identification database in 13 STR Marer. From among South Korea, those with DNA type identical to the defendant were merely 5.22 x1016. Likewise, the above identification code was concluded at the scene of crime No. 205, 50NA identification number and 15.5 NNA identification number of the defendant and the defendant.

4) The method of genetic testing of STR using an automatic heat tester used for each of the aforementioned genetic tests is more reliable than the internationally recognized method of genetic testing of personal identification, which has high personal distinctiveness, and thus is not appropriate to manage and preserve each of the genetic data or the method of testing, or there is no special circumstance to suspect the reliability of the appraisal result due to the inconsistency between the management and preservation of each of the genetic data or the result of the appraisal itself. In addition, when the defendant was found to have resided in Incheon from 1977 to 2014, in particular, at the time of committing the crime described in paragraph (2) of the criminal facts in the judgment, considering the fact that the defendant had resided in the building and subparagraph 150 meters away from the place where the crime was committed, the criminal facts in the judgment can be deemed to be specific to the defendant.

5) Furthermore, it is very low probability that each of the above crimes was committed after the fact-finding or that another person, other than the defendant, was involved in the crime, in light of the victim C's panty and mass, the victim E's name and the process of taking measures such as reporting each of the above crimes, the victim's statement of damage, and the securing of evidence in this case, etc.

6) Furthermore, the victims made a very consistent and natural statement about the contents consistent with the main parts of the Criminal facts Nos. 1 and 2 as stated in the investigative agency, and the situation before and after the statements. The victims made a statement about the above damage, including the defendant's appearance and clothes, the time and place of each crime, the background leading up to entering each place, the situation features of the case, such as dialogue between the defendant and the victims, etc., and the tangible power used by the defendant in the course of engaging in sexual intercourse or similar behavior, and the victim's emotional testimony or emotional distress. The above victims' statements contain specific and distinctive situations to the extent that it is difficult for the victims to attend without direct experience, and there is no part that is unreasonable or contradictory in light of the empirical rule.

7) Meanwhile, in light of the age of the Defendant and the victims, the relationship between the Defendant and the victims, etc., it is difficult to find any motive or reason for the victims to voluntarily engage in the sexual intercourse or similarity with the Defendant, and it is difficult to find out the circumstances that there are special interests or aids between the Defendant and the victims, and there is no motive for the victims to make a false statement for the criminal punishment of the Defendant.

Reasons for sentencing

1. The scope of punishment by law;

(a) Crimes described in paragraph (1) of the facts constituting an offense: Imprisonment with prison labor for not less than two years and six months from June to six months; and

(b) Crimes described in paragraph (2) of the facts charged in the judgment: Imprisonment with prison labor for up to 10 years up to 50 years;

(c) Crimes described in paragraph (3) of the facts charged in the judgment: Imprisonment with prison labor for one month to 15 years;

2. Non-application of the sentencing criteria;

The offense of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc.) is an offense to which the former Act on the Punishment of Sexual Crimes and the Act on the Protection, etc. of Victims is applied, and the offense of violation of the Act on the Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) and the offense of violation of the Act on the Control, etc. of Narcotics, which became final and conclusive on March 16, 2019, is in the latter concurrent offense of Article 37 of the Criminal Act, and the offense of violation of the Act on the Control, etc. of Narcotics, etc. (fence) due to

3. Determination of sentence;

(a) Crimes listed in paragraph (1) of the facts constituting the crime: Imprisonment with prison labor for not less than four years and six months;

(b) Crimes listed in paragraph (2) of the facts charged: 11 years of imprisonment;

(c) Crimes listed in paragraph (3) of the facts charged: Imprisonment with prison labor for eight months;

The defendant appears to be against the defendant while recognizing the crimes of narcotics among each of the crimes in this case, the defendant has no record of punishment for the same sex offense, and the crime of violation of the Act on the Punishment of Sexual Crimes, Protection, etc. of Victims (Rape, Rape, etc.) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) has become final and conclusive, and the crime of violation of the Act on the Control of Narcotics, etc. (Rape, etc.) and the latter part of Article 37 of the Criminal Act are concurrent crimes,

However, each of the instant sexual crimes committed against the victim C, who is a child or juvenile, by committing the crime of violation of the Act on the Punishment of Sexual Crimes and the Protection, etc. of Victims (Rape, etc.) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) against the victim E, who is under 13 years of age. In light of the circumstances and contents of each of the instant crimes, etc., the crime is not very good. Accordingly, the victims appear to have suffered a big physical and mental pain and a sense of sexual shame. The Defendant was unable to be used from the above victims and did not recover from the damage to the above victims. In addition, each of the instant narcotics crimes committed again despite the past history of punishment on several occasions by the violation of the Act on the Control, etc. of Narcotics, etc., the Defendant was committed during the suspension period after the judgment became final and conclusive on March 8, 2019.

In addition, the defendant's age, character and conduct, environment, motive, means, and consequence of the crime, the circumstances after the crime, etc. are considered as a whole, and all the sentencing factors specified in the case records and arguments shall be determined as ordered.

Registration and submission of personal information

Where the conviction of a person subject to registration is finalized with respect to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Rape, etc. in Residence) and a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.), the accused falls under a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Determination as to the request for probation order

In addition to requesting an order to attach an electronic tracking device to a person subject to probation order, the prosecutor also requested the probation order after the completion of punishment under Article 21-2 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

However, a person who was sentenced to an order to attach an electronic tracking device, such as the person who requested the probation order, is subject to the execution of an order to attach an electronic device immediately before the completion of the sentence pursuant to Article 13(1) of the above Act, and is obliged to put the person under probation pursuant to Article 9(3) of the above Act during the period of attachment. As such, the request for the probation order in this case is not a separate interest in claiming the probation order in accordance with Articles 21-8 and 9(4)1 of the Act on Probation and Electronic Monitoring, etc. of Specific

Judges Kim Jae-sik

Chief Judge Judge