209No236 Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof, etc.

(13) Minor rape, etc.)

209 Jeonno9 (Joint Attachment Orders)

The actual substance of this article shall be free.

Housing Daegu

Reference domicile Daegu

Defendant and the respondent for attachment order

In-depths

Attorney Park Do-young

Daegu District Court Decision 2009Gohap155, 2009 senior 2, 209 senior 2,509

Judgment

July 23, 2009

The defendant's appeal as to the part of the defendant's case is dismissed.

The part of the judgment of the court below regarding attachment order shall be reversed.

A location tracking electronic device shall be attached to a person who has requested an attachment order for three years.

Matters to be observed as stated in the attached Form shall be imposed on the person requested to attach an attachment order.

1. Part of the defendant's case

A. Summary of grounds for appeal

The punishment of the court below (two years of imprisonment) is too unreasonable.

B. Determination

In light of the fact that the defendant and the person subject to the request for attachment order (hereinafter referred to as the "defendants") have been punished for the same kind of crime in 2002 and 2004, despite the fact that they had been committed for a total of 10 times in total over a period of 200 and 2004, they committed repeated crimes against eight young victims residing in the same Dong Ne, and attempted to commit an indecent act by giving money to the victims and inducing them to commit an indecent act under the defendant's home, and they are judged to have high risk of recidivism, and they are not used from the victims and their family members, even if the court below imposed all the sentencing conditions on the defendant in this case, such as the age and movement of 84 years of age and inconvenience, their age, character and behavior, etc., the punishment of the defendant is proper and unreasonable.

2. Ex officio determination on the part of the attachment order case

With respect to the part of the case of the attachment order which was pending in the trial, the prosecutor added "a criminal defendant committed a sexual crime on at least two occasions and has the risk of recidivism" to "a criminal defendant is found to have been guilty of committing the sexual crime," and the applicable provisions of Article 5 (1) 4 of the Act on the Electronic Monitoring of Specific Sexual Offenders stated in Article 5 (1) 3 of the Act on the Electronic Monitoring of Location Monitoring of Electronic Monitoring of Specific Sexual Offenders stated in Article 5 (1) 4 of the Act on the Electronic Monitoring of Location Monitoring of Specific Sexual Offenders stated in Article 5 (1) 3 of the Act on the Electronic Monitoring of Address Monitoring of Specific Sexual Offenders, and the court has

No longer can be maintained as it is.

3. Conclusion

Therefore, among the judgment below, the defendant's appeal against the part of the defendant's case is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the part of the case of the attachment order among the judgment below is reversed ex officio as seen earlier. As such, the part of the case of the attachment order among the judgment below is reversed pursuant to Article 35 of the Act on the Attachment of Electronic Monitoring of Location Monitoring of Specific Sexual Offenders and Article 364 (2) of the Criminal Procedure Act and Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows after pleading. [The number of detention days before the judgment is rendered is included in the original sentence (see Constitutional Court Order 2007Hun-Ba25, Jun. 25

Facts of the cause of attachment order, summary of evidence

Inasmuch as the facts underlying the attachment order against the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment below, all of them shall be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Orders to attach electronic devices;

Articles 9(1) and 5 of the Act on the Electronic Monitoring of Specific Sexual Offenders

Paragraph 1 (3)

1. Imposition of obligations;

Article 9-2(1) of the Act on the Electronic Monitoring of Specific Sexual Offenders

Paragraph 2

Voluntary Constitution (Presiding Judge)

Lee Jae-deok

Kim Sung-he

Site of separate sheet

Matters to be observed

1. The residence of the person requested to attach an electronic device from 00:00 to 06:00 each day during the period of electronic device attachment;

It shall refrain from going out of the country.

2. Elementary schools located in the same Si/Gun/Gu having jurisdiction over the domicile of the person subject to an attachment order;

It shall not have access to children's play facilities, such as kindergartens, childcare facilities, children's parks, etc.

3. He/she shall complete the programs for treating sexual assault conducted by a probation office for 40 hours;