The defendant case portion of the first judgment and the second judgment shall be reversed in entirety.

Defendant shall be punished by imprisonment for a period of six years and six months.

Summary of Grounds for Appeal

Defendant

In addition, the first instance court’s punishment against the Defendant (limited to six years of imprisonment, 80 hours of order to complete sexual assault treatment programs, 5 years of disclosure and notification, 10 years of employment restriction order, 10 years of imprisonment) and the second instance court’s punishment (five months of imprisonment) against the Defendant is too unreasonable.

The first instance court's punishment against the defendant by the prosecutor shall be too unhued and unfair.

Since the defendant's risk of recidivism is dangerous, an electronic device attachment order is needed.

The first and second parts of the judgment of the court below which sentenced the defendant to imprisonment with prison labor for the ex officio judgment are sentenced, and the defendant filed an appeal against each judgment of the court below, and this court decided to hold a joint hearing of each appeal case. Among the first judgment, the second part of the judgment of the court of appeal is in a concurrent relationship between the defendant's case and the second one under Article 37 of the Criminal Act, and thus, one sentence should be sentenced under Article 38 (1) of the Criminal Act. Thus, the second part of the

Article 5 (1) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”) of the first judgment on the judgment of the court below, “risk of recommitting a sexual crime” means the possibility of recommitting a crime is insufficient enough, and it is highly probable that the person who requested an attachment order may 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 criminal conduct before the relevant crime, the motive and means of the crime, the circumstances after the crime, the situation after the crime, and the situation before the opening of the crime. Such a determination shall be based on the time of the judgment

(Supreme Court Decision 2010Do7410, 2010Do444 Decided December 9, 2010).