Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unreasonable.

B. It is unreasonable that the court below ordered the defendant to attach an electronic tracking device for a period of six years, although there is no risk of recidivism of sexual crimes against the defendant and the respondent for the attachment order (hereinafter “defendant”).

2. Determination

A. It is recognized that the defendant's decision on the assertion of unfair sentencing is recognized that he recognized the crime of this case at the trial later, and his mistake is divided and reflected.

However, even though the defendant had been sentenced to a suspended sentence due to indecent acts by force against minors under the age of 13, the crime of this case was committed again against the disabled victims who are merely 14 years old during the period of the suspended sentence. The crime of this case is committed with the victim's physical disability by taking advantage of his state of difficulty in resisting or resisting, and the nature of the crime is not good. The crime of this case reveals considerable mental suffering and pain to the victim due to the crime of this case, and other factors such as the defendant's age, character, character and environment, motive, means and consequence of the crime, conditions of the sentencing specified in the arguments of this case, such as the defendant's age, circumstances after the crime, etc., and the scope of recommended sentence according to the sentencing guidelines of the Sentencing Commission of the Supreme Court, it is not deemed unfair for the court below

B. The risk of recidivism of a sexual crime under Article 5(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”) means that the possibility of recidivism is insufficient solely on the possibility of recidivism, and that there is a probable probability that the person requesting the attachment order will destroy the legal peace by committing a sexual crime again in the future. The existence of the risk of recidivism of a sexual crime is the occupation and environment of the person requesting the attachment order.