The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Sexual assault, 80 hours against the defendant.

1. Summary of grounds for appeal;

A. The lower court’s punishment (the completion of a sexual assault treatment program for 5 years, 80 hours, and the disclosure of information and communications networks for 7 years) of the Defendant case is too unfasible and unreasonable.

B. The Defendant and the person for whom the attachment order was requested (hereinafter “Defendant”) committed an indecent act by committing rape and committing an indecent act on several occasions in a virtual manner. The risk of recidivism can be recognized in light of the object, content, frequency, and duration of the crime. Therefore, the attachment of an electronic tracking device is necessary.

Nevertheless, the judgment of the court below which rejected the request for attachment order is erroneous by misapprehending the legal principles.

2. Determination

A. In the part of the defendant's case, the defendant recognized the crime of this case against the mistake, and the defendant violated the Punishment of Violences, etc. Act on December 1996, and there is no record of sexual assault except for the previous conviction punished by a fine of KRW 700,000,000.

However, the crime of this case is a person with parental authority and a custodian of the victim after the defendant divorced from his wife around May 2006. The defendant's father and her mother were raising the victim with the help of her father and her mother on July 2, 2012, and the defendant's her mother was raped three times in direct rearing of the victim from the time of his death on July 2, 2012, and the defendant's her mother was a semi-human crime committed by indecent act by force, and the defendant who is obligated to protect and rear the victim in a health manner takes advantage of her superior status as the object of sexual desire, and thus, the crime is very heavy. The mental and physical damage suffered by the victim is deemed to be serious, and other conditions of sentencing as shown in the records, such as the defendant's age, character and behavior, intelligence and environment, motive, means and result of the crime of this case, and the circumstances after the crime.