In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

A. In light of the fact that the risk of recidivism was assessed at the level of "interim (11 points)" as a result of the evaluation of the risk of a sex offender in Korea (KSOAS) against the defendant as to the part of the request for attachment order, the victim of this case seems to have not made any statement about his/her damage as a result of the evaluation of the risk of a sex offender in Korea (KSORAS), and that the mental disorder level was assessed as "serious", and that the victim of this case appears to have failed to make any statement about his/her damage, the court below dismissed the defendant's request for attachment order against the defendant on the ground that it is difficult to readily conclude that the defendant is likely to recommit a sex offender. The court below erred

B. The lower court’s imprisonment (five years of imprisonment) against the Defendant is too heavy or unreasonable.

2. Determination

A. The phrase “risk of recommitting a sexual crime” under Article 5(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, as to the part of a request to attach an attachment order, means that the possibility of recommitting a sexual crime is insufficient only enough, and that the person subject to a request to attach an attachment order may injure the legal peace by again committing a sexual crime in the future. The existence of the risk of recommitting a sexual crime ought to be objectively determined by comprehensively assessing various circumstances, such as the occupation and environment of the person subject to a request to attach an attachment order, the motive and means of the crime, the circumstances after

(See Supreme Court Decision 201Do82 Decided September 29, 2011, etc.). The lower court assessed the Defendant’s risk of recidivism at the level of “half intermediate (111 points)” as a result of the Korea-type sex offender risk assessment (KSOAS), and assessed the mental disorder as “serious” as a result of the assessment of the pre-psying of the mentally ill persons (PC-R), and ② the Defendant was punished as a sex offense prior to the instant case.