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The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that this judgment.
Reasons
Article 9 (4) 4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”) provides that a court shall dismiss a request for attachment order when it issues a suspended sentence with respect to a specific crime case: Provided, That even in such cases, when the court orders a specific criminal offender to be put on probation while suspending the execution of a sentence, it may order the person who committed the specific crime to attach an electronic device within a fixed period of time under Article 28 (1) of the same Act in order to verify whether he/she complies with the matters to be observed, and in such cases, it shall not dismiss a prosecutor’s request for attachment order.
Article 21-8 of the Electronic Monitoring Act provides that Article 9 (4) 4 of the same Act shall apply mutatis mutandis to persons subject to probation.
The court below ordered the defendant to be put on probation for two years pursuant to Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and ordered the defendant to attach an electronic tracking device for two years in order to verify whether he/she complies with the requirements during the probation period pursuant to Article 28 (1) of the Electronic Monitoring Act, and ordered the defendant to suspend execution as to the case for which the request for attachment order and the request for probation order are filed, and thus dismissed the prosecutor's request for the above order. However, since the case for which the defendant was placed, the court below did not dismiss the prosecutor's request for the above order separately as to the above order for the purpose of confirming whether the probation order and the probation order are complied with.
Since only the defendant appealed against this, there is no interest in appeal as to the case of the attachment order and the case of probation order.
Therefore, Articles 9(8) and 21-8 of the Electronic Device Attachment Act.