The appeal is dismissed.

The grounds of appeal are examined.

1. As to the prosecuted case, the lower court rejected the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “defendant”), on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by misapprehending the judgment on mental and physical disability.

In addition, the ground of appeal that the court below erred by failing to consider all of the sentencing conditions stipulated in Article 51 of the Criminal Act while making the determination of punishment is merely the purport of disputeing the sentencing of the court

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of the punishment is unreasonable, including

2. As to the request for attachment order, the lower court, based on its stated reasoning, determined that the first instance court’s judgment ordering the Defendant to attach an electronic device during the period of the first instance judgment, deeming that the Defendant is likely to recommit a sexual assault crime, and rejected the allegation in the grounds of appeal on this issue.

The allegation in the grounds of appeal disputing such judgment of the court below is merely an error of the judgment of the court of fact-finding regarding the selection and probative value of evidence or the fact-finding based thereon, and it cannot be accepted. In light of the evidence duly admitted, the court below did not err by misapprehending the judgment of the court below as to attachment order, contrary to what is alleged in the grounds of appeal.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.