The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

The defendant shall be punished by imprisonment with prison labor for a maximum term of three years and short term.

1. Summary of grounds for appeal;

A. The sentencing of the judgment of the court of first instance on the grounds of unfair sentencing (one year of imprisonment with labor for a maximum of three years, two years and six months) is deemed to be too uneasible and unfair.

The judgment of the court below that dismissed the attachment order on the ground that the defendant and the person subject to the attachment order, the person subject to the request for the attachment order, and the person subject to medical treatment and custody (hereinafter referred to as the "defendants") are recognized to pose

B. The sentencing of Defendant 2’s judgment (long-term eight months of imprisonment and short-term six months) is too unreasonable.

2. A prosecutor ex officio determination on the part of the case against the defendant appealed against the judgment of the court of first instance against the judgment of the court of second instance, and this court decided to conduct a consolidated hearing on each of the above appeals cases.

However, since the crime of each of the above judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, the part of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained any more.

3. As long as a prosecutor files an appeal against a prosecuted case regarding a medical treatment and custody case, it is deemed that an appeal has been filed regarding a medical treatment and custody case pursuant to Article 14(2) of the Medical Treatment and Custody Act. However, not only the grounds for appeal as to this part of the grounds for appeal but also the petition of appeal filed by the prosecutor are not indicated in the grounds for appeal, and no reason

4. Judgment on the part of the claim for attachment order

A. The risk of recidivism of a sexual crime under Article 5(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders means the possibility of recidivism is insufficient solely on the possibility of recidivism, and it is highly probable that the person who requested the attachment order will destroy legal peace by committing a sexual crime again in the future.

The risk of recidivism of a sexual crime shall be the occupation and environment of the person against whom the attachment order is requested, the criminal conduct before the crime is committed, the motive, means, and after the crime is committed.