The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

information about the defendant for five years.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter “defendants”) (three years of imprisonment) is too unreasonable.

B. In light of the overall circumstances of the claim for attachment order, it is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for 10 years even though it is difficult to deem that the Defendant is likely to repeat sexual crimes again.

2. Determination

A. The decision of the court on the grounds of appeal by the accused case is ex officio.

In the first instance trial, the prosecutor changed the applicable provisions of the charges of this case to Article 35 of the Criminal Act, "Article 3 of the Act on Special Cases Concerning the Punishment of Specific Crimes", and since this court changed the subject of adjudication by permitting it, the part concerning the prosecuted case among the judgment below is no longer maintained.

Therefore, the judgment of the court below is no longer maintained as the subject of the judgment was changed in the trial.

In addition, the part of the attachment order case that must be sentenced simultaneously with the defendant's case under Article 9 (5) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders should be reversed as long as the defendant's case has the ground of ex officio destruction as above.

However, even if the judgment of the court below has the above reasons for reversal, the defendant's assertion on the part of the case for which the attachment order was requested is still subject to the judgment of the court.

B. In light of the purpose and method of the instant crime, the Defendant’s previous records, etc., the risk of recommitting a sexual assault crime may be recognized. According to Article 9(1)1 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders, the maximum statutory penalty is death penalty or life imprisonment.