The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

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

B. The lower court’s order to attach an electronic tracking device to the Defendant for 20 years is unreasonable.

2. Determination

A. (1) The phrase “risk of recommitting a sexual crime” under Article 5(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders means that the possibility of recommitting a sexual crime is insufficient enough and it is highly probable that the person who requested the attachment order will depict the legal peace by committing a sexual crime again in the future.

The existence of the risk of recidivism of a sexual crime shall be objectively determined by comprehensively assessing various circumstances, such as the occupation and environment of the person against whom the attachment order is requested, the motive and means of the crime, the circumstances after the crime, and the situation after the crime. Such a determination is based on the time of judgment, since it is a constructive judgment for the future.

(2) In full view of the following circumstances revealed by the aforementioned legal principles and records, it is difficult to readily conclude that the Defendant is likely to recommit a sexual crime.

Therefore, the part of the judgment of the court below which cited the request for the attachment order of this case is unfair, and this part of the appeal is justified.

(1) The defendant has no past criminal records as a youth of 22 years of age.

② From the police investigation, the Defendant confessions all of the crimes of this case, and repents and reflects his mistake.

③ Considering the Defendant’s age, character and conduct, criminal conduct prior to each of the instant crimes, etc., the Defendant’s distorted sexual impulses revealed through each of the instant crimes may be mitigated or improved as a result of completing sexual assault treatment programs.