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Defendant
In addition, all appeals filed by the requester for attachment order and the prosecutor are dismissed.
The judgment of the court below shall be two-dimensional.
Reasons
1. Summary of grounds for appeal;
A. In this case, the defendant and the requester for an attachment order (hereinafter referred to as the "defendant") are crimes committed by the defendant, which committed extremely contingent acts while under the influence of alcohol, and the defendant recognizes facts as a substitute and reflects the fact relevance, and thus it is low probability that the defendant would again commit the crime of murder in the future, the defendant received a letter by mutual consent with the victim, his family members are promising to provide alcohol dependence treatment to the defendant, and the defendant voluntarily shows the intention of active treatment. In addition to this case, there is no serious criminal history for the defendant, the defendant has no significant criminal history for the defendant, and it is obvious that the relationship between his family and his family who has been engaged in his occupation, such as daily labor, in the construction site so far, and it is difficult to view that the defendant is likely to violate the direction of the probation officer, the court below's order to attach an electronic tracking device for five years is inappropriate
B. In light of the details and methods of the instant crime committed by the prosecutor and the records of the Defendant’s criminal act, the sentence of the lower court (five years of suspended sentence for three years of imprisonment, probation, an order to attend a training course for alcohol treatment and violent therapy for forty hours, confiscation, and an order to attach an electronic tracking device for five years) is too uneasible and unreasonable.
2. Determination
A. Determination on the Defendant’s wrongful assertion on the attachment order 1) The Act on the Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Act”)
Chapter 4 provides for the suspension of sentence and the attachment order. The attachment order under Article 28(1) of the Act included in the Chapter is possible only when the court orders probation while suspending the execution of a sentence. It is different from the nature and requirements of the attachment order under Chapter 2 of the Act.
In addition, Article 31 of the Act shall apply to the attachment order under Chapter IV of the Act.