Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

1. Although the court below accepted the prosecutor’s request regarding the part of the case of the Defendant’s case, which was found guilty, the court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case of the protective observation order, and there is no benefit of appeal as to the part of the case of the protective observation order as the Defendant and the person who requested the attachment order (hereinafter “Defendant”) appealed.

Therefore, notwithstanding Article 9(8) and Article 21-8 of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, this part shall be excluded from the scope of the adjudication of this Court.

2. Summary of reasons for appeal;

A. Although the Defendant, misunderstanding the facts of the instant case, was on board a bus at the time and place indicated in the instant facts charged, there was no intentional fact that the victim was on board the bus.

However, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous and erroneous.

2) The punishment sentenced by the lower court (one year and six months, etc. of imprisonment) is too unreasonable.

B. It is unreasonable for the court below to order the defendant to attach an electronic tracking device for three years, even though the defendant does not have any risk of sexual assault and recidivism in the part of the case where the attachment order is applied.

3. Determination

A. As to the Defendant’s part of the case, the Defendant asserted that the lower court’s determination was identical to the grounds for appeal on this part of the lower judgment.

In full view of the following circumstances acknowledged by the evidence duly investigated and adopted, the court below found the defendant's indecent act by force by using the victim's chest as stated in the facts constituting the crime in the judgment below.

On the other hand, this part of the charges was found guilty.

(1) The victims shall be respectively two persons from the rear part of the bus, respectively, at an investigative agency on board a F bus.