The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for five years.

Defendant 5,650.

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (seven years of imprisonment) is too unreasonable.

B. It is unreasonable for the lower court to order the Defendant and the respondent for the attachment order (hereinafter “Defendant”) to attach an electronic tracking device.

2. Determination

A. The defendant of the defendant's case committed a drug-related crime over several hundreds of times is very poor in the nature of the crime in that he/she committed rape or attempted rape with his/her wife in order to raise his/her son's sexual disorder by drinking a philopon, and thereby, he/she was faced with considerable mental impulse, and even though one year has not passed since the execution of the punishment was completed, he/she again committed the crime of this case, considering unfavorable circumstances, such as the defendant's age, character, environment, family relationship, motive for the crime, means and consequence of the crime, and recommendation of sentencing guidelines established by the Sentencing Committee, including the circumstances favorable to the defendant, such as his/her age, character, environment, family relation, various sentencing conditions in the arguments of this case including the defendant's motive, the means and consequence of the crime, and the recommendation of sentencing guidelines established after the crime, etc., the court below seems to be unfair.

Therefore, this part of the defendant's argument is justified.

B. The court below is just and just to determine that the defendant is likely to recommit a sexual crime on the grounds of the circumstances stated in its reasoning.

Therefore, this part of the defendant's argument is without merit.

3. The defendant's appeal concerning the part of the defendant's case among the judgment below is with merit, and it is reversed pursuant to Article 324 (6) of the Criminal Procedure Act, and it is again made after pleading as follows.